• Divorce matter

I have received the divorce summons in last year 2020 and the hearing date was March 27 2020.. due to lockdown I was unable to attend the Bandra family court. After that I check in ecourt services app that there were couple of dates shown with status stating return of summons but I didn't receive any summons again. Now I have received petitioner application for proceeding exparte through speed post from his advocate and the hearing date for the same is 4 th May, 2021. Now my problem is due to lockdown will I be able to go to court in this situation. Whether they will proceed exparte in this next hearing date. Please suggest
Asked 3 months ago in Family Law
Religion: Hindu

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18 Answers

If summons have not been served court would not proceed with ex parte orders 

 

only if summons are served would court consider exparte application 

 

Court  can pass exparte order if you have failed to appear inspite of service of summons 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

1. if you had received the summons, then where is the question of return of summons

2. there are High Court directions to sub-ordinate courts that if a party of his advocate does not appear on any date due to lockdown, then no adverse order is to be passed against such party

3. if you are not able to appear and if an ex-parte order is passed against you, then you can always apply to have such order set aside and also for setting aside all court proceedings that happened after such ex-parte order 

Yusuf Rampurawala
Advocate, Mumbai
6251 Answers
52 Consultations

5.0 on 5.0

There are possibilities for them to proceed with the exparte evidence on the given date, however owing to current pandemic situation nothing can be predicted.

However you may contact your advocate and ask him to file a vakalatnama as well as a petition under order 9 rule 7 seeking to set aside the exparte order that has been passed by the court. 

If it is not feasible to continue the married life with her anymore, then you can allow the case to become exparte and get the the relief even without attending the court. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

- Since, you have received summons from the court last year during the lockdown period , hence the court was bond to reissue the same one time of again. 

- Further, as after the lockdown over , the family court was started to function even physically for a few month , then due to non appearance the court is going to pass ex-parte order against you. 

- Further, as you have received the said application , then you should inform the court even online medium for the cause of non appearance on the last dates fixed by the court , and thereby you should to prayed for giving further date for filing reply of the said application. 

- However, as there is lockdown once again, then on 4th May , court cannot pass any adverse order against you legally , and you will be given further date .

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

Dear Querist

you may file your reply before the court through online mode, prepare a draft of your reply to the divorce petition filed by her and signed the same, scan it, and submitted the same to the official site of the concerned court.

 

if you are unable to upload the documents then you may send the original copy of your reply through speed post or courier addressed to the Hon'ble Court where the matter is pending.

 

If you need any assistance then Feel Free to Call


You can go with the below-mentioned link

https://filing.ecourts.gov.in/pdedev/index.php

Nadeem Qureshi
Advocate, New Delhi
6045 Answers
286 Consultations

4.9 on 5.0

Dear Sir,

  •  During lock down the summons must be served through online mode. If still you haven't received you can ask them to send again and won't declare you exparte.
  • You can explain them the reason of your non presence due to lockdown and not received summons.
  • Most probably if the situation is under control then proceeding may continue in court but it doesn't then the court will conduct the proceeding through online mode again.
  • You need to be active through online mode through emails and WhatsApp for summons and you can explain your reasons of non presence and you won't be declare ex-parte.

    Thank you

     

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

Yes they can proceed exparte against you on 4th May. You can ask your Advocate to appear on your behalf on that day and ask for the next date due to the lockdown. Even in lockdown your advocate can appear on your behalf or you can personally appear

Megha Girish Wagh
Advocate, Pune
10 Answers

Not rated

A circular is issued by Bombay High Court instructing all courts in the State not to pass any ex parte against any party due to her/his absence or the absence of Advocate  of the parties.

Ravi Shinde
Advocate, Hyderabad
1094 Answers
13 Consultations

5.0 on 5.0

1. During lock down period, there will be no court  for which there will be no que3stion of any ex-parte hearing on that day.

 

2. However, engage a lawyer having expertise in this filed to  contest the said ex-0parte petition filed by the other side.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

  1. What the judge is going to adjudicate, no one can predict. He may or maynot grant an exparte order. 
  2. Why have you not appointed a counsel (advocate) to defend you yet? 
  3. Before taking up your matter, any advocate would require an exhaustive consultation session with you first. I'm willing to extend my legal assistance to you, but as stated,  I require an exhaustive consultation session with you, to be able to advice you appropriately and defend you in court. 
  4. I'm based in Mumbai /NaviMumbai just as you are. So it shouldn't be much difficult for you to visit me for exhaustive consultation. 
  5. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1407 Answers
5 Consultations

4.4 on 5.0

Dear Madam, 

 You need not bother since during lock down no ex-parte judgment will be passed. 

Kishan Dutt Kalaskar
Advocate, Bangalore
5918 Answers
305 Consultations

4.8 on 5.0

If there is lockdown you don't have to go. You need to first appoint a lawyer and mark your appearance in the same challenging the said petition. You can aproach me through LinkedIn for the same if required

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

You have to make application to district legal aid center in the family court if you are unable to pay legal fees 

 

you would be granted time to file your reply 

 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

yes you can ask for legal aid in the said court

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

- Yes, you can request the court for engaging a lawyer from the Legal aid 

- Further after executing an Affidavit that you having low income and cannot bear a lawyer fee , you can engage a lawyer from the Legal aid. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

You can file a memo stating that you would like to terminate the vakalatnama given to the advocate and wish to appear as party in person. 

Alternately you can even give a petition to district legal services authority for free legal aid to conduct your case at free of cost. 

But you may have to furnish satisfactory reasons for seeking free legal aid.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

1. You can of course appear in person before the Court on the next date of hearing.

 

2. The Court will  not provide you any legal aid but might advise you to take help of free legal aid group.

 

3. It will be prudent on your part to file a maintenance application claiming the amount being 1/3rd of your husband's income less your income plus the amount of legal fees to be paid by you before hearing the divorce suit.

 

4. The maintenance application will be first heard before hearing the divorce suit and an ad-interim maintenance amount might be ordered by the Court before deciding on the maintenance amount.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

Dear ma'am,

1) If you require free legal services you can seek for the same  through an application at NALSA’s website. You can apply online for getting Legal Aid to any Legal Services Institution in the country by filling up the “Legal Aid Application form” accessible online at NALSA’s website by going on the ‘Online Application’ Link, along with uploading the required documents.

2) You can also attend the hearing personally and ask the court to appoint you a legal aid.

3) Ma'am you can also seek help from national women commission, if you feel the need to.

Thank you

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

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