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
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
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
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
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.
- 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 .
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
Dear Sir,
Thank you
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
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.
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.
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
I am working women but my salary is not enough to pay lawyer fees after looking to my household expenses.. please let me know in the next date if I can appear in the court personally and ask for legal aid in front of judge .. Then let me know will judge allow me legal aid option on that date and give me some months to prepare and fight for the case or not.
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
- 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.
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.
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.
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