Generally, there are two ways for dismissal of a case by the competent court, first is to dispose of by way of a decree and second is dismiss in default. Mostly, dismiss in default is a judgment in favor of a plaintiff when the defendant has not responded to summons or failed to appear before the court. “Dismissal in the Default” may lead due to the very long term absence from court proceedings on the hearings, where your case will be dismissed in the default of your appearance. Matrimonial issues are of civil in nature, so the personal presence of victim/plaintiff is not necessary on every date of hearing. Advocate can attend the proceedings in the case. If advocate is also absent for the long time, then case may be dismissed by the court as ‘dismiss in default’. Only under exceptional and compelling circumstances, a dismissed in default divorce case be restored with some limitation.
What is the Procedure of Restoring It?
You only have the option of restoration when the case is dismissed by default but when the case will be disposed of by way of a decree, you cannot go for the restoration. So that is why the option for the restoration of a case is very limited. You have to move an application before the same court for the restoration of the case with the reason that why you was not able to appear before the court of law and why you could not entertain the court.
The statement of reasons for restoration, the case are recorded by the Hon’ble Court and when the reasons will be bonafide to satisfy the court then the case is proceeded from that very stage and with the same proceedings where it was left and dismissed. Meaning thereby, your case will be running as it was never ever dismissed. However, a negative impact is drawn by the competent court upon the Petitioner but with the right counsel there is higher chance to win it.
What are the challenges which will appear during the procedure?
Generally, courts do not just restore a dismissed case, therefore, if you want to restore the case, there would have to be some basis for it. On the other hand, if one party wants the case opened up, the other party will also have the opportunity to argue that why it should stay dismissed. It is a complex issue and absolutely require legal arguments. If you are considering trying to restoring a case, you should consult a family law attorney. Some family law attorneys like Law Office of G.S. Bagga & Associates offers consultation regarding this kind of issues.
During the restoring of a dismissed case, merely suspicion of excuses would not be sufficient or compelling grounds. To support this allegation brought on record there must be some material. The court will not prevent you from doing this unless and until you have a valid reason for restore a divorce case against your spouse. So most of the people face the difficulties in legal argument because the other party has his/her strong ground that why the case should not be restored.
On the other hand, if a divorce case is to be restored, also it would be expeditious to consult a professional firm like Law Office of G.S. Bagga & Associates to enable proper scrutiny of the multifarious aspects and proper presentation before the Court.
