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Dnyaneshwar Vaidya (Officer)     12 December 2020

Not attending hearing

Dear friends I was suppose to attend hearing on 11/12/20 against the domestic violence act under which my wife has filed a complaint but for some reason I was not present there now the next hearing is scheduled on 19/12 what should I do as I myself is representing the case the hearing is for interim monthly payment to the applicant?

 

 



Learning

 1 Replies

175B083 Mahesh P S   19 December 2020

Hello, 

You can engage a lawyer and get lawyer to file an Exemption petition on your behalf or if you really want to be exempted from hearing file application to presiding magistrate / judge under 205 crpc for general exemption.

But its better that you attend the hearing and also hire an advocate  as if you neither go to attend the court nor your advocate attend then court will give next hearing date and if it keeps happening, court could deliver an ex parte judgement against you, the plaintiff would win the case without any effort and you have to give what ever opposite party demands in the court.

Under Order 9, Rule 6(1)(a) the court may proceed ex-parte and pass an ex-parte decree when it deems fit that the defendant has absent himself from the court on the date of hearing stated in the summons served to him in accordance with the provisions of the Code.

 

Ex parte Proceedings

Rule 6 - Procedure when only plaintiff appears

  1. Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then-
    (a) When summons duly servedif it is proved that the summons was duly served, the Court
    (b) When summons not duly servedif it is not proved that the summons was duly serve, the Court shall direct a second summons to be issued and served on the defendant;
    (c) When summons served but not in due timeif it is proved that the summons was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant.
     
  2. Where it is owing to the plaintiffs' default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.

 

I hope this was helpful.

Thank you

 


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