• Divorce case

What difference it makes to attend the hearing by self or attendance through lawyer. In my divorce case 6 dates have passed among which I was present on 5 but the respondent was present on neither. 

Recently going through the order sheet I came to know both petitioner and respondent attended through lawyer on all the 6 dates.

Is my lawyer doing well??
Asked 3 years ago in Civil Law from Kolkata, West Bengal
Hi, in the matrimonial case the role of the advocate is very limited so the personal appearance before the court is required but it does not mean your presence is required to all the hearing dates.

2. When there is a important stage then only you appear before the court otherwise ask your advocate to represent  the case.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1) it is not necessary that Respondent appear on each and every date . 

2) if Respondent is represented by her lawyer it should suffice . 

3) the Respondent will appear in court at time of leading evidence .

4) further she will appear when you want to cross examine her on her evidence
Ajay Sethi
Advocate, Mumbai
45751 Answers
2692 Consultations

5.0 on 5.0

1.If you are sure that the respondent was not present on any 6 dates or through a lawyer, the same can be brought to the notice of the Judge.
2. If the respondent or his lawyer did not attend the hearings, inspite of earlier notice, your lawyer can request the Judge to pass exparte order in your favour, because of continuous absence of  the respondent or his lawyer and sufficient opportunities already were provided to the respondent and his lawyer.
Shashidhar S. Sastry
Advocate, Bangalore
1638 Answers
107 Consultations

5.0 on 5.0

1. The parties can appear on the scheduled dates through their lawyers,

2. It is always suggested to atttend the court on the dates of hearing to witness  the steps taken by your lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

Procedures are liberal IN FAMILY CASES than a criminal case.

So the attendance or the party for absence of any of the person by his counsel is sufficient. But at the time of starting evidence the attendance of the party is must. Any of the party in the suit  can appear before the court as party in person and contest the case by himself. The assistance of lawyer is good for shaping your case for win..
Ajay N S
Advocate, Ernakulam
2769 Answers
47 Consultations

5.0 on 5.0

1. There is no bar on remaining personally present in the court in spite of the lawyer appearing in the court.

2. What the order sheet means is that the petitioner and the respondent were represented by their respective lawyers in the court. Even if you do not appear the court will still record that you attended through your lawyer.

3. Your lawyer is doing absolutely fine.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

You lawyer doing well but you or your lawyer should approach the court to direct the respondent to appear personally.
Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

You have not mentioned what kind of "Divorce" case you're attending. From my guess it is a contested divorce case. A contested divorce case has to be attended by both the parties however, occasionally lawyers can look after the matter with prior instructions from their clients. It also depend upon the stages of the proceedings. For any court document, only lawyer's name is mentioned (if you've appointed a lawyer with the approval of the court under "Family Courts Act")
Rajni Sinha
Advocate, Mumbai
330 Answers
34 Consultations

4.6 on 5.0

your lawyer is doing well. whenever your personal appearance is required, court will mention on order sheet to appear personally. if fails to appear then summon shall be issued. after amendment in 1999, it is not mandatory to appear in person on every hearing.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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