5 Guidelines for Avoiding Non-Appearance of the Complaint
What happens if complainant does not go to the court in case she has filed a case ?
If a complainant has filed a case in court but fails to show up or participate in the legal proceedings, several consequences can follow. In this article, we will discuss the possible outcomes of a Non-Appearance of the Complaint failure to appear in court.
Dismissal of the case
If the complainant does not attend the court hearing or fails to appear in court after being summoned, the judge may dismiss the case. This can happen if the complainant does not provide a valid reason for their absence or if they repeatedly fail to show up. The court may consider this as a lack of interest on the part of the complainant and may decide to dismiss the case altogether. The court can presume that the complainant is not interested in the case and therefore can dismiss the complaint or the case.
Delay in the proceedings
If the complainant does not show up for the hearing, the court may adjourn the case to a later date. This can lead to a delay in the legal proceedings, causing additional expenses and time for both parties. Moreover, it can put a strain on the court system and delay justice for other cases that need to be heard. The matter can be delayed and justice delayed is justice denied and in that case the court might later on dismiss the case as well. In many divorce proceedings, if the petitioner does not turn up on multiple hearings, the court may dismiss the matter as dismiss in Default.
Fines or Contempt of Court
The complainant can be fined for not appearing in court, especially if they do not provide a valid reason for their absence. Moreover, they can be held in contempt of court for failing to follow a court order. This can lead to imprisonment, payment of fines, or both. In some cases, the complainant may face additional legal action, depending on the nature of the case.
Read More: HOW FUNDAMENTAL RIGHTS OF HUSBAND AND WIFE ARE AFFECTED IN CASES OF MATRIMONIAL DISPUTES?
Default Judgment
If the complainant fails to appear in court, the court may issue a default judgment against them. A default judgment means that the court has decided in favor of the defendant because the complainant did not show up or participate in the legal proceedings. This can have serious consequences for the complainant, such as losing the case or being ordered to pay damages.
Loss of credibility
If the complainant repeatedly fails to show up or participate in the legal proceedings, it can damage their credibility and reputation. The court may view them as unreliable or not serious about pursuing the case. This can have long-lasting effects on the complainant’s ability to pursue legal action in the future.
In conclusion, it is essential for the complainant to attend court hearings and participate in the legal proceedings. Failure to Non-Appearance of the Complaint can lead to dismissal of the case, delay in the proceedings, fines or contempt of court, default judgment, and loss of credibility
In divorce cases or family disputes or matrimonial disputes it is important for the complainant or the petitioner to join the proceedings and come to the court so that the justice is delivered on the right time.