Legal Question in Family Law in India
family restitutional case advice
does the court will ask both the spouse to appear directly or else court will allow to have representatives in the case of restitution of congugal rights and what will be the time between petition filed and the case heared or else tell me the procedures followed after the petition was filed
2 Answers from Attorneys
Re: family restitutional case advice
the personal appearance of parties is mandatory in case of divorce petitions. the parties are allowed to be represented through lawyers. depending upon how busy the board of the court is, a case of this type may take from one year to two years. the procedure is like any other civil case - the parties are to complete pleadings and then lead evidence in support of their respective pleadings. once evidence is concluded, a date is fixed for arguments and then pronouncement of judgement by the court.
Re: family restitutional case advice
Personal appearance is required and is mandatory in law but if second party after receiving summons doesnot appear the court will decide ex-partee.