• Contempt case

I filed contempt case against wife for not bringing child in custody case ...wife didnt appear in case and was proceeded exparte...aftr evidence case was on consideration case...then at that stage wife filed application to set aside exparte ....i filed reply to tht exparte application and it was on consideration...on next date i couldnt appear in court ....judge dismissed case for want of prosecution...what could i do nw?? File appear in session or file application to set aside this order in same court......can court dismiss case for want of prosecution at this stage?
Asked 4 years ago in Civil Law

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13 Answers

You should file a recall application in the same case with an application for hearings the same on affidavit.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have to file an application for the restoration of the case and pray before court the reason of your absence.

You have to file restoration in same court stating the reason.

Yes court can demises case for want of persecution.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File application for restoration as petition has been dismissed for want of prosecution

Application should be filed within period of 30 days

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

if you have sufficient reason for non-appearance, and immediately after such dismissal of the case, you can make an application for restoration of the case. If the court is satisfied with the reasons given by you, then the case will be restored. But it is advisable to note the date of hearing and to be present to avoid such situations.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You may go ahead and file an application for recall of the order, it will be easily recalled.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

the case was dismissed in default. the judge can dismiss the case for want of prosecution but it was a hasty order as it was the wife who was not appearing and you did not appear only once and therefore file an application for restoration of the case.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

File application for setting aside order of dismissal of petition

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

File a restoration stating same reason on Affidavit it is not big issue court will restore same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

a restoration application should be filed stating that a transfer application had also been filed and an adjournment was requested on that basis and therefore the case may be restored.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

As your case has been dismissed due to want of prosecution you can file a Restoration application citing your Bonafide reasons for not appearing before the court on the date of hearing.

Your case would be restored as non appearance on just one date of hearing should not result in dismissal where as the other party has not been appearing regularly.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You need not worry as your case would be restored in a routine manner and the most the judge can do is to impose minor cost to restore your matter.

Please make sure that the application to restore your case should be filed within 30 days of dismissal.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

The law is common for all.

If she was set exparte for non-appearance, the same court may dismiss your case for default i.e., for non-prosecution or no representation.

You can file a set aside petition for setting aside the dismissal order and seek for restoration of the same on the grounds and the reasons you rely upon.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

I had filed transfer applicatio. For transfer of contempt case ...decision of transfer applction was to be announced on next date ...just bfre tht this case was dismissed...judge was also informed in wrtten tht i have filed transfer application...so kindly adjourn the case...still it is dismissed fr want of prosecution

If you have not appeared before the court on the date of hearing then at least you could have asked your advocate to represent your case with details, if there was no representation from your side then the court may rightly dismiss the case for non prosecution, however you can file a set aside petition int he same court for restoration.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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