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Torque9409 (Business)     05 October 2016

Divorce case - petitioner's absence for one date - ia pendin

I have filed a divorce in 2012 and wife has filed RCR.  I got speedy trial from HC two months back.  I have filed an IA for receiving additional documents.  Opponent party needs to file counter for the IA.  The next date is after 10 days.  Meanwhile, I got an urgent work out of town on the next date for which I need to be physically present.  My worry is if I don't appear on the next date whether the judge will reject my IA.  My lawyer is saying that the judge may dismiss the IA or even the case if I am not present and insisting on my presence.  Kindly advice.



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 6 Replies

Sachin (N.A)     05 October 2016

No, its a civil case and your are the petitioner, you need not to appear on every date.

 


(Guest)
Court sees everything. Notes down on each date presence of petitioner as well as respondent. Don't skip dates. It will affect outcome of the case especially in RCR. Attendance is compulsory.

Torque9409 (Business)     05 October 2016

@Gyan - Opponent party has filed RCR and has been absent for several dates. I have been present for all dates except two earlier. This may be my absence after 10 dates.

(Guest)

Usually, the party who petitions the IA should be present to get benefits of the reliefs of IA. For all other dates such as adjournments, no big deal on presence.

 


(Guest)
Who ever files a petition should be present. But if respondent isn't, court will take different view. + opposite party lawyer won't keep quiet.

(Guest)

Not a big deal on absences. Courts are too busy to notice or care about absences of petitioners or respondents. I've seen how family courts are operating and they are heavily overburdened. They hardly give one minute per case and just adjourn at the drop of a hat. 

Like I said, the petitioner of the IA or OP should be present to get reliefs, but if they request for postponement, courts will jump at it and immediately adjourn, even if the opposite party lawyer cries, screams or weeps.


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