• Unable to appear in court - what are my options?

My case for mutual divorce is pending on the court at Bareilly. Since the family court was not being convened, the wifes family got the case shifted to fast track court. The next date for hearing has been indicated as 21 Jul.

I am working in defence and about to get transferred to Delhi from Aug 18. I wont be able to get relieved from my duty station at Vizag for appearing in the court on 21 Jul. I can manage a letter from my unit on that affect.

What would be the consequence if i am unable to appear on 21 Jul at the court. What are my options?

Also the case was filed in Oct 17 and it has been 08 months. But i read it online that the mutual divorce case can be extended upto 18 months. Can shifting of case to fast track court rule that out.

I had agreed to pay 12 lakhs as alimony. I have been able to manage 8 lakhs as of now. I am not in a position to take loan from Bank. What ate the options? If i convince the wifes side for 8 lakhs can the petition be changed? Or can i ask court for more time in the next hearing after 21 Jul?
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

1. i am sure you have engaged an advocate. if that is so then ask him to seek postponement which is allowed in routine manner.

2. At the time of postponement your advocate can seek liberty to fix the date on a date suitable to you.

3. Please note that without the physical presence of both parties final hearing for MCD can not happen.

4. Now if you breach the terms agreement as mentioned in the agreement then your wife has right to give her consent for MCD.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

If you are not appear on the next hearing date, the court will automatically extend the time for appearance of both parties.Ask your wife to get the date after 21st of July. If she accept 8L as one time maintenance the court will açcept the same.As of now nothing to worry.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Your advocate can mention that before the court or an give an adjournment application there wont be any consequence the court will give a later date. Yes the court can grant you time to appear as reasonable cause is there.

You can make another separate agreement with you wife you can convenience her, further she can agree to that amount that she is fine with 8 L and an amendment can be filed in petition. if she agrees there wont be any issue, you can request court time also or can make agreement of wife and can pay after divorce rest of amount

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

Make application fir adjournment as you are not granted leave

2) in alternative execute POA in favour of family member to appear on your behalf

3) your virtual presence through Skype is sufficient

4) take loan from your parents to pay balance amount

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Your advocate can file an exemption application stating the reason of your non appearance.

In all likelihood you would get a next date as you are in the defence and your non appearance would be condoned by the court.

Nominal cost can be imposed on you for non appearance.

Siddharth Jain
Advocate, New Delhi
5904 Answers
97 Consultations

5.0 on 5.0

Hi

1) Since you are in army, you can always submit a letter to family court from your unit that you cannot be available for 21 July hearing.

2) In Mutual consent divorce, Since you are in army and at the same time resolve to have the MCD proceedings continued, you will need to pray to the court for extension of time and as such the court will naturally be inclined to grant you a next date.

3) Army personnel are in general exempted from day to day hearings and as such you can always request the court to permit a power of attorney holder to represent you in your absence.

4) Also since you have paid 8 lakhs alimony, you can always take additional time to pay remainder of 4 lakhs from the court citing your inability to pay the full money in 1 stroke.

5) The family courts are generally liberal in terms of schedule of payment of alimony and generally will be inclined to grant you divorce based on your commitment to pay 4 lakhs at a later date and will also make a decree to that effect which will be binding on you post divorce also.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

hello,

a divorce by mutual consent is the simplest way to get divorced. in the first motion, the court is apprised of the fact that both the parties want a divorce by mutual consent and an agreement to that effect is presented. the court then grants the next date after 6 months. on the date which is after 6 months, the mutually agreed conditions, if fulfilled, are then informed to the court and the court passes an order.

now I don't know what has happened until now. but assuming that it is the second motion, you have to be present, otherwise, the motion would be dismissed. you have to be present.

also, you have not been able to arrange the amount.

regards

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

1. If it is mutual consent divorce then your lawyer can seek an adjournment from the court on the basis of the letter from your unit. This should not be a problem.

2. If you are unable to take loan from the bank then there are only two options-either to convince your wife to take 8 lakhs or seek more time to arrange the remaining.amount

Ashish Davessar
Advocate, Jaipur
30759 Answers
958 Consultations

5.0 on 5.0

Hello,

Shifting the court to FTC does not rule out the fact that next date can be given to you.

Get a letter from your unit, and take next date from the court through your lawyer.

If your wife is ready for 8 lakhs then an additional affidavit to the said effect can be filed in the court and divorce can be taken.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

just put a report to court by lawyer or any other your friend and relative because of your job u cannot attend court.so give me a another date for case.

Jay B Soni
Advocate, Vadodara
8 Answers

Not rated

Send someone on your behalf in the court on 21 July, 2018 with your request letter along with a letter from your unit on that affect seeking adjournment for September, 2018 by the time you would be transferred. As regards, alimony of Rs.8.00 lakhs you can talk to your in-laws and if they agree, you can make the statement to that effect in the court when you will appear in the court in September, 2018. I think it is your first motion and second motion will be taken place after six months and you have enough time to sort out the matter with your inlaws.

Dalip Singh
Advocate, New Delhi
1024 Answers
35 Consultations

5.0 on 5.0

Firslty, yes you can get the exemption from the appearance by way of an application for exemption form the same before the court.

Secondly, yes definitely you can ask for some more time, there is nothing wrong in it.

Thirdly, as you have been agreed to pay the amount which means that asking for extra time would only for the purpose of arranging the rest amount.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

- Firstly If you are unable to appear on the assigned date then the Court will postpone the matter.

- No, an MCD Petition is kept pending for 18 months, irrespective of the Court.

- Your only option is to convince your wife to accept the reduced amount. Once she agrees, the modified Consent Terms can be filed on the record of the Court. Since you are anyways unable to appear in court on 21st, automatically a date will be assigned.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

In case you cannot appear before the court due to assignment and the distance from the Court your Advocate May inform to the court about the conditions and get a date which is suitable to you to appear before the court .for the alimony you need to take time from the court to arrange the amount to pay

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

You have several options but be sure that entire amount be paid in 1 installment and rid of the pending litigation. Otherwise if you pay part amount then your wife may take that amount and refuse to attend second motion thus you have no option except wandering around the courts. Now Supreme Court says that MCD or other family court proceeds can be conducted through video coverage. The law is as follows:

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Lower courts to use video conferencing to hear divorce, custody cases

The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.

Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.

Typically, the woman’s choice is given a priority and the case moved to the place where she lives.

But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.

“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.

It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.

“We are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,” it said.

Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.

The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.

The case was filed in Jabalpur where her estranged husband resided.

The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.

If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.

Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

You can authorise somebody from your side to represent you on the date of hearing or you can give a POA deed to someone who you may trust for conducting the case from your side.

The case will be adjourned to some other date.

The same law is applicable to fast track court also.

You can seek time for payment and adjourn the date of hearing to some other date.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

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