I would like to suggest you to be present on the first date.
Dear Sir, I am kannadasan (Petitoner ) of RCR against my Wife. First hearing date is 12 of September 2018. My lawyer is advising me not to come to court, though im staying in India. I am doubting my lawyer , Please advise me on this. I wish to know the harms , if i dont attend the first hearing . Thanks Kannadasan.B
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I would like to suggest you to be present on the first date.
You are at liberty to attend first hearing
2) there would be no harm if you don’t attend as your lawyer would be attending court
First hearing will be for appearance of opposite party so your lawyer may not want you to attend the case.
But it's always advisable to attend every hearing date in family court case. If the opposite party appears and you or your lawyer does not appear court may dismiss the case for non appearance of party. So it's advisable you attend case on that day.
Yes you can attend the hearing in the court this is not prohibited for the petitioner and in case you have no confidence and your advocate at this stage it will not be a good idea to go ahead with him in your on going case.
Please change your advocate immediately
There is no harm even if you attend the court but since the lawyer has stragised something it is better to consult to him in detail that why he is asking so.
Firslty, as you have stated that your lawyer is saying that you should not come to the cpurt on the first date of hearing.
Secondly, which is not the good thing thought the case is of civil nature where presence of th party is not needed every time, but still a lawyer should always keep the client with him to show as to how the things are going on.
Thirdly, in fact, I advice you to please be there as you have filed the RCR, and you should be there to show before the judge as you are concern about your wife, and that is the reason you filed the RCR.
You must go and attend the court proceedings. There is no harm may be your advocate has some vested interest.
You are the petitioner, You should attend the hearing but if you will not attend the date it will not cause any harm to the petition.
i would advice you to go to the court on prescribed dates.
either you can attend or not but if you contineously remained absent it will be dismissed for default.
In family law cases the petitioner is required to mark his presence before the court on each and every date.
I would advise you to mark your presence before the court on the first date, and thereafter only the summons will be issued.
If you are the petitioner and if you don't attend the first hearing, there is every likelihood of your petition getting dismissed. Then, you may have to file a restoration petition citing genuine reasons for non-appearance at the first hearing. It is not clear why your lawyer has advised you not to appear. Also, it is not clear why you doubt your lawyer.
If you have filed the rcr....there is no reason that you should not go...unless you want to delay in the matter. I dont think there are any justifiable reasons for you not to go.
There can be no harm caused you if you fail to appear before court on the first date of hearing and your Counsel appears in your place but it is always advisable to appear on the dates of hearing in court, which would show your Bonafide intentions to the court.
Also Family Court Judges have a knack of interacting with the parties and subsequently ask some questions to the party themselves. If you are present you can always answer such questions put forth by the judge, which can have an positive impact on your case if answered properly.
I am kannadasan (Petitoner ) of RCR against my Wife.
First hearing date is 12 of September 2018.
My lawyer is advising me not to come to court, though im staying in India.
I am doubting my lawyer , Please advise me on this.
I wish to know the harms , if i dont attend the first hearing .
What is the reason that your lawyer is asking you to not to attend the court on the date of hearing?
If you want to attend the court then you may attend there is no restriction on it.
If your lawyer is putting too much of restrictions you may change the lawyer.
1) Against what case you have filed for RCR against her need to know all details so we can guide you further exact way.
Dear Sirs, Many thanks for all your valuable inputs. I will be appearing in court on Sep 12. What if my wife takes Exemption (VAIDA) for not attending the court ? Will that favour me ? Thanks & regards, Kannadasan B
Sir in the RCR personal presence of the wife is not require her advocate can seek time to file the reply of your petition.
Please note that first hearing date is for appearance of party either personally or through lawyer so she can file vakalath and may file objection to rcr. She can appear through counsel in case thereafter it will be posted to conciliation by court to see any element of settlement.
If she does not appear court may pass exparte order in your favour
Your wife absence is not favourable to you
If your wife after service of summons dies not appear in court for 3 consecutive dates court can proceed exparte in her absence
pray court for warrant for appearance if proper summon is aleady issued n received by her but not appearing. Court may agree to do so.
Your wife gives a genuine reason for taking exemption then it won't be taken against her. If reasons for non appearance are deliberate or intentional Court would take this against her and she would be proceeded ex Parte, if she fails to appear before the court consecutively.
In a way, yes. Please instruct your lawyer to press for an ex parte order.
You are welcome for the appreciations.
In the initial stage all such things will happen, hence dont be frustrated by such developments, you will get used to all such things gradually.
1) If you get exemption still after that she has 90 days time for appeal, so its better to get things sorted on same day in front of her.
if your wife has left you for a reason she will appear and state her reasons for withdrawing from your society. but if she does not have any reasons for leaving you, then she will try and delay the matter. in that case she will either not appear or appear and make vague statements.