• Is it necessary for lover of spouse to attend family court?

One of friends wife has filed for divorce plea in family court (petitioner) and has served court notices to both my friend and his lady friend (respondents) who, the wife thinks that they were having an affiar. Is it necessary for all those whom notice is served, to attend court and contest? There is no objection in agreeing for divorce. Is it sufficient for husband to attend court? Kindly advise.
Asked 6 years ago in Family Law
Religion: Hindu

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7 Answers

Lady friend should engage a lawyer and file detailed reply denying the allegations made in divorce petition

2) it is not necessary for her to attend each and every date of hearing

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Yes it is but if these persons are being summoned by the court concerned then they will have to appear before the curt, as long as they are not summoned they dont have to a appear before the court.


Anilesh Tewari
Advocate, New Delhi
18043 Answers
377 Consultations

5.0 on 5.0

1. if there is no objection because respondent husband has accepted petitioner's demand then no need for the second respondent to appear in the court.

2. if petitioner oppose her absence and claim her presence then respondent 1 can file a petition for leave of the court for non-appearance in the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Generally if any person received notices from the Court have to attend on the prescribed date and time. If your fried agreeing for divorce, better to convert the divorce petition in to mutual consent divorce if possible. Still the petitioner / wife not agreeing for mutual consent, your fried can file a formal counter or memo stating that divorce be granted, but without admitting the allegations and without prejudice to your friends rights. In the circumstances your fried's lady fried no need to appear before the court.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Wife might have filed for divorce alleging adulatry with female friend.

It is up to the female friend to engage a advocate and get her name cleared. When someone alleges extramerital affair with her husband and if your friend doesn't deny it, Same may be deemed admitted by the court.

Hence I suggest her to make appearance through counsel and deny the allegation.

And she may choose to file complaint against her for defamation and seek compensation.


Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

5.0 on 5.0

In the divorce case filed on the grounds of adultery, the adulterer may also be impleaded as a respondent besides the spouse.

Therefore the other respondent also has to appear other wise the second respondent may be set exparte to the case.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

It is the duty of the person to appear before the court if he received a summons from that court.Other wise he become ex party or the court will issue warrent depends upon the nature of case. In your case allegations made in divorce petition is adultery. So denial of the same cast upon the Lady friend's shoulders.

If no objection to pass a decree of divorce then use the Divorce by Mutual Consent .It is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

Ajay N S
Advocate, Ernakulam
4052 Answers
107 Consultations

5.0 on 5.0

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