Wife asking property attachment due to not attending respond

Originally posted by : Babu Kumar
	Hi Experts, DVC case on me and my family members by my wife. I am not attending hearing dates due to not got  the notice. My family members attended 3 hearings. I got exported due to not attendence. My lawyer said that he will serve set a side petions after 2 hearing. In today's hearing My wife's lawyer asked judge ,my client's husband not attending the court so please attach the property on his name and give to the my client. My lawyer called me and told that the situvation and suggest me come for next hearing and we will serve the set a side petition . And he is suggesting me the some petition is there and need to applky high court for not attending other family members.  My Questions are 1. If husband not attended will court attach his  properties to her(I don't have any property only my father and mother had )? 2. Is it necessary to attend all respondents in DVC case? 3. Is my lawyer suggesting right path to kept petion in hight court for not attending others for all hearing?   Please sir any one help me for the questions,     Thanks

Your lawyers is not correct.

The court can only issue exparty orders against non appearing respondent.

Husband should personally appear in court and other respondent may file permanent exemption application before trial court.

No Need approach HC at this stage.

Yes! If you are not attending the court if youhave properties in your name they will be attached to pay maintenance toyour wife and Kids if any.All the Respondants need to appear in court otherwise they woud be gettng exparte orders against them.You can get a permanent order of exemption against appearannce of respondents during the entire trial.I don't think younedd to approach Highcourt at this stage.

First thing you do is to kick out your lawyer, he's good for nothing. You should have filled your reply to the DV complaint and by not doing it the matter got ex-parted against you. Secondly you nor your lawyer attending the court proceedings and the matter is taking turns against you. Your wife's petition for seeking maintenance for her and child will be decided in her favour and you will have to pay the amount to them. Here by not filling any reply whatever order for maintenance is made you will have pay it otherwise your salary or your property will be attached for recovery of the same and even you may be sentenced to jail imprisonment. As far attending DV case by the respondent that can be exempted by the trial court itself no need to go to High Court for it. If your lawyer was attending the court regularly this would'nt have happened, rather he must be sending his munshi to attend the court proceedings while he must be sitting in his "thiya" sipping tea and chating with other lawyers.

I don't understand what you see while selecting lawyer to represent you, it must be their low fee otherwise by engaging senior, experienced lawyers you will never have this problem.