Hi,
I am not in India and my wife has initially filed for divorce in May 2016 (under matrimonial case) and so far my parents got only one notice from court for me (which they mistakenly received) and since the notice was for me to appear in the court, they didn't appear before the court. Again my wife filed a case of DV in Nov 2016 on all my family members (both parents, brother & bhavi) with a demand for huge maintainace u/s 18,19,20,22,23 and court served a notice to apear before court, without which the case will proceed ex-parte. However, by the time my family members receive the notice the date was already overdue.
I checked the status of the case in e-court and it said there was a hearing due on a later date for both the cases, while for the matrimony case it showed there were lot of hearing dates already been done and under the heading "the pupose of hearing" it shows "summons" for almost 6 hearings since the case was filed and in Dec 2016 it had 3 hearing dates (my parents received only one notice from court so far in Sep 2016). We arranged an advocate to appear on the proposed hearing day to take a time petition. The time petition was granted, but the time for next date is due in matrimony case.
But when I checked the status from the e-court - it says about the decision for the next date of hearing is pending for Matrimonial case. However, the case status for DV already shows another date of hearing and under the heading "purpose of hearing" it shows as "Arrear maintenance dues" both in the last hearing date and the upcoming date of hearing. What does this mean? Does this mean the case has gone ex-parte??? The DV case with demand for maintainance has gone only one date of hearing and any of my family members couldn't appear before the court because of delayed receiving of notice... The last date of hearing and the pending date of hearing in the DV case is just 10 days interval... Does that mean they intentionally try to make the dates go faster, knowing that I am not in India? What should be the immediate course of action from me? (considering that now its impossible for me to go and appear before the court because I am outside India and can't get a leave now.)
Looking forward to advice from the community.
