Anonymous Anonymous (Accountant) 27 December 2010
My mutual consent divorce petition is filed in the court. Is it a contempt of the court if I donot appear for the second motion? Will the case get adjourned? If yes, for how long will it get adjourned? Is it possible to get an ex-party judgement without appearing in the court?
Pls explain in detail the various possible consequences of me not appearing in court?
shrikant chede (law officer) 27 December 2010
1)No it is not contempt of court
2)if you not appear before Ho'nble court then court will not give ex-party judjement but court will decide running regular proceeding
3) Ho'nble court may procure u'r appearance by issuing warrant and may grant interim maintainace to wife
Anonymous Anonymous (Accountant) 27 December 2010
thanks for your reply Mr.Shrikant. Can you please explain points 2 and 3 in more detail?
In the mutual consetn petition, it has been clearly mentioned that no maintenance will be given. What do you mean by 'the court may grant interim maintenance to wife'? pls explain.
Ho'nble court may procure my presence by issuing warrant. Is this some kind of a notice sent to me or what is this warrant? Pls explain in detail.
Thanks in advance.
N.K.Assumi (Advocate) 27 December 2010
You cn find the details in Order XVII of the CPC. Your lawyer must act fast. As per new CPC amendment the court will record reason for the adjournment but such adjournment is limited to three times only and necessary procedure will be folowed by the court if party fails to appear on the day fixed for the hearing.
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