Kanoon Desk

  Can a Spouse Challenge a Divorce Decree Passed Without Their Participation? Yes. A spouse against whom an ex parte divorce decree has been passed may have legal remedies, but the appropriate remedy depends on how the matrimonial case proceeded, whether summons were properly served, why the spouse did not appear, and whether the decree has already been challenged in appeal. An ex parte decree does not mean that the absent spouse has no legal remedy. However, the person should examine the court record and the dates carefully before deciding which proceeding is appropriate. What is an ex parte divorce decree? A divorce case may proceed ex parte when one spouse, despite being given an opportunity to participate, does not appear or otherwise fails to contest the proceedings. The court may then proceed with the petitioner's evidence and decide the matrimonial case in the absence of the other spouse. The important question is why the spouse did not participate . For example, the situat...

  What Is the Procedure for Seeking Cancellation of a Non-Bailable Warrant? A Non-Bailable Warrant (NBW) is a serious court process used to secure the appearance of an accused before the court. If an NBW has been issued because of non-appearance, the accused should not simply ignore it. The appropriate course generally involves approaching the court that issued the warrant and seeking its recall or cancellation. Under Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 (BNSS) , a warrant remains in force until it is either executed or cancelled by the court that issued it.  How can an NBW be cancelled or recalled? The accused can generally move an appropriate application before the court that issued the NBW, seeking recall/cancellation of the warrant under Section 72(2) BNSS . The application should explain the circumstances that resulted in non-appearance. Depending on the facts, the explanation may relate to circumstances such as illness, lack of proper informat...

What Should You Do If Someone Threatens You Through Repeated Phone Calls? Repeated threatening phone calls can be more than an annoyance, particularly when the caller threatens physical harm, damage to property, disclosure of private information, or other consequences intended to frighten or pressure you. The appropriate legal response depends on what was threatened, the identity of the caller, the surrounding circumstances and the available evidence . Under the Bharatiya Nyaya Sanhita , 2023 (BNS) , criminal intimidation is dealt with under Section 351. A threat may fall within criminal intimidation where it is made with the required intention to cause alarm or to make a person do something they are not legally bound to do, or refrain from something they are legally entitled to do. The provision also addresses threats made through anonymous communications.  Preserve the evidence first If threatening calls continue, avoid deleting or losing information that may help establish the p...

  Can a Court Allow Amendment of Pleadings After Evidence Has Started? A civil case does not always proceed exactly as originally pleaded. Sometimes, during the course of litigation, a party discovers that an important fact was omitted, a necessary clarification is required, or an existing pleading needs modification. This raises an important question: can pleadings be amended after the trial or evidence has already started? The answer is yes, but the conditions become stricter once the trial has commenced . Under Order VI Rule 17 of the Code of Civil Procedure , 1908 (CPC) , the court may allow a party to alter or amend its pleadings at any stage if the amendment is necessary for determining the real questions in controversy between the parties. However, the proviso to the rule creates an important restriction after commencement of trial.  What changes after the trial begins? Once the trial has commenced, the party seeking amendment has to satisfy the court that despite due d...

  Can a Person Approach a Magistrate When the Police Do Not Properly Act on a Complaint? You have submitted a police complaint, but no effective action appears to have been taken. Perhaps an FIR has not been registered, the complaint has not been properly investigated, or you believe the police have not adequately addressed the information provided. In such circumstances, approaching a Magistrate may be a legal procedural option , depending on the nature of the complaint and the circumstances. Under the Bharatiya Nagarik Suraksha Sanhita , 2023 (BNSS) , which governs criminal procedure, specific provisions deal with police investigation and the role of the Magistrate. Section 173 addresses information relating to cognizable offences, while Section 175(3) permits an empowered Magistrate, after considering an application supported by an affidavit and making such inquiry as considered necessary, to order an investigation.  What can be done when the police do not act? Where inform...

  Can a Plaintiff Withdraw a Civil Suit After Filing It? Filed a civil suit but later realised that continuing the case may not be appropriate? A plaintiff can, in many circumstances, withdraw a civil suit after it has been instituted. However, the manner in which the suit is withdrawn is important , particularly if the plaintiff may need to approach the court again regarding the same subject matter. Under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) , a plaintiff may abandon the suit or abandon part of the claim after institution. The provision also deals with withdrawal where the plaintiff seeks liberty to file a fresh suit.  What happens if the plaintiff simply withdraws the suit? If a plaintiff withdraws or abandons the suit without seeking permission to file a fresh case on the same subject matter, the withdrawal can have important consequences. The Supreme Court has explained that a plaintiff generally has the right to withdraw a suit, although the court...

  What Happens When a Defendant Does Not File a Written Statement Within the Prescribed Time? In a civil suit, the written statement is the defendant’s principal pleading setting out the defence to the plaintiff’s case. If a defendant does not file it within the prescribed period, the delay can have important procedural consequences. However, the exact consequence depends on the type of suit, the applicable procedural provisions and the stage of the proceedings. What is the normal time for filing a written statement? Under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) , a defendant is ordinarily required to file the written statement within 30 days from service of summons . The provision permits the court, for reasons recorded in writing and subject to costs, to allow filing beyond 30 days, but the statutory framework differs for ordinary civil suits and commercial disputes.  This distinction is particularly important in commercial suits . What happens in a com...