• Divorce case by nullity

My marriage was on 19th March, 2016 by special marriage act. Till August, 2016, marriage was not consummate by willingly refuge from wife side. She has an extra-marital affair too. I FILE matrimonial suit nullity case on September, 2016 at district court. Till January, 2018 no response from wife side, though again and again they are noticed to be present at court. Till, now my lawyer was fighting this case for me. After completing almost 4 times court procedure, my lawyer asked me to present on court with voter-id proof.
Q1. Is it mandatory to be present myself in court?
Q1/a. Can I avoid my attendance to court?
Q1/b. If I were have to be present on court, then what should be the questions from judge to me?
Asked 6 years ago in Family Law
Religion: Muslim

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19 Answers

You are the Petitioner

2) you must remain present in court for giving evidence

3) identity proof would be required

4) judge would basically quiz you on facts stated in petition filed by you

Ajay Sethi
Advocate, Mumbai
94653 Answers
7523 Consultations

5.0 on 5.0

Firstly i would like to say, you have filed a wrong case, your wife has not consummated the marriage which itself is a good ground for divorce, do you have proof that your wife has affair, if yes , it will prove adultery again a good ground for divorce, for not appearing in court, file exemption from appearance stating a cogent reason.

What question judge will ask cant be stated like that, usually we tell clients to speak the truth of the incidents on oath.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Yes it is mandatory to be present yourself in court as and when court asks for. You would get ex-party decree.

2. You can issue POA to any one of your family members / friends to make attendance on behalf of you.

3. Answering to your Q1/b, it is based on the stage of your case. Better to have a word with your present lawyer.

Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

If you present in the court the court may ask your problems in the marriage.

If she is not appearing after the notices the court may decide case as exparte in your favour.

You may request for excuse from personal appearance.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. You have to be present as you have instituted the petition.

2. No, petition will be dismissed.

3. Your advocate will handle. He is there to represent on your behalf. Anyhow, speak to him in advance as you have to speak the factum of marriage.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. A Family Court may mandate your presence before it. If the Court has asked you to remain present before it, there's no fault with this order of the Court.

2. It is not advisable to do so. However, if it is impossible for you to attend the Court on the date next fixed, you may ask your Lawyer to move an application before the Court seeking exemption of your personal appearance.

3. The Court will ask you general questions. Your Lawyer will brief you on this.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

It is required to know first, what is the present status of your case, i.e. the next date has been fixed for ex-parte evidence or not. If it is so you need to be present before court and you need to file affidavit-in-chief in writing. So better to take instruction from your learned conducting advocate. For further assistance call me.

Rajdeep Majumder
Advocate, Kolkata
29 Answers
1 Consultation

4.0 on 5.0

1. It has not been informed as to for what reason you have been asked to be present at the Court. For submitting evidence in a case, the plaintiff/applicant shall have to be present before the Judge.

1a. In case you refuse to submit evidence, examination and cross examination before the Court then your suit/application will finally be dismissed on the ground of non prosecution.

1b. The Judge is not expected to ask you any question at this stage. Ask your lawyer the reason for your said physical appearance. If it is for submitting the evidence in chief, then you shall have to be present before the Court personally..

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Q1. Is it mandatory to be present myself in court?

Ans. Some times it is necessary if Court needs your personal enquiry by Court.

Q1/a. Can I avoid my attendance to court?

Ans. If you avoid you will not able to know what actually happened in the Court. If you have faith in your advocate then you can.

Q1/b. If I were have to be present on court, then what should be the questions from judge to me?

Ans. Whether you will go for mediation or continue the case, how much maintenance or alimony you will pay, these are the questions.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

hi. it is advisable to attend the court hearings.. the court proceedings cannot proceed further without your presence ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Your attendance on all dates is not necessary. But on important dates presence is secured by the Court. I don't know what is the stage of your case after that only i can tell you what judge will ask you?

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0


1. Yes you should show your presence in court and put your version in front of Judge.

2. You can avoid your presence in court but you should not avoid....You should get your presence marked.

3. Judge can ask anything, we cannot and should not predict about judge.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

As per you, the service of your case has not served till date .

If , the summoning address is correct as per your knowledge and information ,then you should approach the court for the service through Affiliation and Publishing as well.

When , court will realize that she is avoiding the court summon willingly, then you will get an ex-parte order on your behalf as prayed in the case.

Now , your questions reply:

1.No,specially during the period of getting her response.

2.You can appear through your advocate i.e.if your advocate pursuing the case ,yours attendance is not necessary in each and every date .

3.Till the time of her appearance , there will be no question from you .You can take a copy of your case from your lawyer for going through the case . Dont confused , court will not ask you out of your filed suit.

Good Luck and dont forget to Rating positively.

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

Why your lawyer has not filed exparte divorce application till now, you need to be present as you are the aggrieved party. Your case should have been finished till now. Tell your advocate to proceed for exparte divorcr

Anita Hiranandani
Advocate, Mumbai
11 Answers
1 Consultation

4.8 on 5.0

I thing ur case is running ex-parte and u r asked to present to giving evidence before the Ld. Court. So no worries

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

1. If your wife is being served the summons but is not filing her reply then apply to the court to strike off her defence.

2. Heed your lawyer if he has asked you to remain present in the court on the next date. The judge may ask you questions related to the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. yes you will have to mark presence before the court, though the same is not mandatory. Ask the lawyer instead to get a paper publication done.

2. Ask your lawyer if you have been summoned or not.

3. If you have been summoned then the court might ask you some question in relation to the dispute, stick to the averments made in the petition.


Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. Yes, it is mandatory to present at each and every proceedings before the court.

2. You can avoid on medical grounds by submitting medical records.

3. Questions will be normal based facts mention in the petition.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

It is pertinent to prove yourself in the court with id proof.

2. You can but only after giving a power of attorney to any close relative so that you can avoid her face.

3. The judge may not ask any question to you.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

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