Plaintiff (or lawyer) filed for divorce but does not show up
Querist :
Anonymous
(Querist) 01 August 2022
This query is : Resolved
Case details:
I lived with my wife for less than 9 months and then we separated because of differences. She filed a divorce case in 2020 and also attached a prayer for compensation.
https://www.lawyersclubindia.com/experts/family-court-case-for-divorce-with-compensation-740916.asp
Question:
For the past 3 court dates, the matter is at "Issue" stage, however neither the plaintiff or her lawyer show up for the court hearing. This last time the judge had a question for the plaintiff but the plaintiff wasn't present. Every subsequent hearing is usually after 2 months, and as you can see the matter has hardly made any progress in last 2 years.
My lawyer says that we can hardly do anything about this situation in civil cases. He also mentioned that the opposing counsel (plaintiff) probably comes to the court later in the day, and marks his presence so it cannot even be treated as an 'absentee'.
I have not been personally attending the hearings, so I have to go by my lawyers account. The question really is wether I can do anything to make sure plaintiff (or her lawyer) atleast attend the court hearings so that the case can make progress?
This has been nothing short of harassment, where I don't understand who to trust anymore. Sorry for the rant, but is there any recourse here?
kavksatyanarayana
(Expert) 05 August 2022
You have to put forth the facts before the court and request to issue summon for a personal appearance.
