What if the appeal is not contested by respondent?
Guest
(Querist) 10 April 2016
This query is : Resolved
Wife's divorce petition got dismissed on merit after trial by family court. Now she has filed appeal against family court in high court.
So, what will happen if I do not contest the same either by non appearance or by filing a statement that I don not want to contest the same due to health or money problems?
Will court itself go through the merits of the judgement before allowing / set aside it?
If I do not contest it, can she add any additional demands/reliefs and get it allowed easily?
Devajyoti Barman
(Expert) 10 April 2016
In the appeal the high court will proceed to hear and decide the merit of the appeal in your absence. I find no merit in you not contesting the appeal.
P. Venu
(Expert) 11 April 2016
It is in your own interest that you should contest the appeal, though the court is required to decide the matter on merits.
Adv. Yogen Kakade
(Expert) 11 April 2016
Rightly guided by the experts above.
Rajendra K Goyal
(Expert) 11 April 2016
You should appear and represent in the court.
If you do not appear court would decide in your absence.
If you are unable to pay, try for free legal aid.
malipeddi jaggarao
(Expert) 11 April 2016
Agreed with all experts. You should represent your case in appeal.
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