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Question no. 51472

Section __________________ empowers a Family Court to proceed ex parte if a duly served defendant fails to attend on the scheduled date?

Select your answer for: Section __________________ empowers a Family Court to proceed ex parte if a duly served defendant fails to attend on the scheduled date?
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Answer: A. 9(5)(a)

Explanation

Section 9(5)(a) of the Family Courts Act explicitly empowers the court to proceed ex parte. This legal provision applies when a duly served defendant fails to attend hearings on the scheduled date. Proceeding ex parte ensures that absent defendants cannot indefinitely stall family law dispute resolutions. Family courts handle sensitive domestic matters such as dissolution of marriage, custody, and maintenance claims. Ex parte trials allow judges to hear evidence from the plaintiff and render judgments without the defendant present. Proper service of summons is a mandatory prerequisite before any court can lawfully invoke ex parte proceedings.

Option B is incorrect because subsection designations differ and section 9(5)(a) contains the primary rule. Option C is wrong because other statutory subsections govern separate procedural steps within family litigation. Option D is invalid because the exact correct statutory section is provided clearly in option A.

Subject
Law
Topic
—
Difficulty
medium

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