Ashutosh Mishra 28 April 2024
Dr. J C Vashista (Advocate ) 28 April 2024
Yes, the Court can dismiss the case provided your lawyer is vigilant and pressing for it
T. Kalaiselvan, Advocate (Advocate) 28 April 2024
The family court can at its discretion, dismiss the case for the peritioner not showing interest to prosecute the case further.
The court can dismiss the case for default for non appearance despite having given sufficient chances to the petitioner.
Ashutosh Mishra 28 April 2024
T. Kalaiselvan, Advocate (Advocate) 28 April 2024
If the court is inclined to close the prosecution evidence then you can proceed with defense evidence hence you can indicate your willingness for that.
These are all routine and practical issues, you should confide in your advocate on all such issues.
Dr. J C Vashista (Advocate ) 29 April 2024
You can move to High Court with all such order sheets and seek a writ of mandamus, if the Family Court is granting unnecessary adjounrments and delaying proceeding.
Real Soul.... (LEGAL) 29 April 2024
If the applicant is not appearing the case should be dissmissed irrespective of the stage of case.
Ashutosh Mishra 29 April 2024
P. Venu (Advocate) 29 April 2024
Your best option is in approaching the High Court under Article seeking appropriate directions to the High Court.
T. Kalaiselvan, Advocate (Advocate) 01 May 2024
If the petitioner is not appearing before the court and is continuously not available for cross examination then the court can close its evidence and direct the respondent to proceed with his side evidence.
If the petitioner is not apperaring before court neither being represented by the counsel, then court may issue a notice to the petitioner , if the petitioner is not appearing before court even after that then the court may dismiss the case for non prosecution or showing any interest to prosecute the case.
No BW or NBW can be issued neither an applicaiton from respondent will be entertained by court from the respondent in this regard
Dr. J C Vashista (Advocate ) 02 May 2024
The family court can and shall not (NOT) issue bailable or non-bailable warrants against a witness.
P. Venu (Advocate) 02 May 2024
What is the Case No.? Which (Family) Court?
Ashutosh Mishra 18 June 2024
Dr. J C Vashista (Advocate ) 19 June 2024
Dear Mishra ji,
Family Court shall not (NOT) issue any bailable or non-bailable warrants of arrest against the petitioner to depose as PW-1,
The Court may dismiss the petition for non-prosecution or adjourn for some time, as it may feel justified but to a limit.