Non-Appearance of respondent in divorce proceedings
Legal Fighter
(Querist) 16 October 2009
This query is : Resolved
I have filed a divorce case (in family court) against my wife for cruelty and desertion. Her father has made appearance on her behalf with POA and submitted reply as she has gone abroad to study.
Isn't it mandatory for the respondent to appear in divorce proceedings especially in reconcillation.
In my case, her reply has been taken on record and there are no reconcillation proceedings happened.
What is the remedy available to me?
Adv Archana Deshmukh
(Expert) 16 October 2009
No party can be compelled for appearing however, an adverse inferance can be drawn that she is not interested in any reconcillation. You can proceed with the case.
niranjan
(Expert) 16 October 2009
the court should try for reconciliation within six months and then you may insist for hearing.
Sachin Bhatia
(Expert) 16 October 2009
In this event you can not do anything because no party is compelled to appear. You can proceed with the case.
Khaleel Ahmed Mohammed
(Expert) 16 October 2009
You are advised hereby to continue case, produce evidence on your behalf in support of your case either documentary with oral evidence.
joyce
(Expert) 16 October 2009
Your father-in-law is POA in this case.This is a matrimonial matter and POA will not have right to take any decision of his own, rather he can produce the testimonials of his daughter by way of her answer in ur dispute. As Archana says adverse inferance can be drawn that she is not interested in reconcilation.U proceed with case.
