The Priory Courts
33 Bull Street
Birmingham B4 6DS
B e f o r e :
|MRS. N. KAUR||ApplicantWife|
|MR. S. S. SAHOTA||RespondentHusband|
1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP
Telephone No: 020 7067 2900. Fax No: 020 7831 6864
The Respondent Husband did not appear and was not represented
Crown Copyright ©
DISTRICT JUDGE WILLIAMS:
"I did on Monday, 5th of October 2015 speak with the Respondent on his mobile telephone number when I informed him of the documents sought to be served upon him and he was unwilling to meet me. He requested that the documents be posted through the letter box at his father's address…..which I did on 5th of October 2015."
i) The Husband accepted that he had not previously filed and served his Form E. The Husband confirmed that he had now completed his Form E, which had been filed with the court office that day, although not served upon the Wife; and
ii) The court advised the Husband to take legal advice as to the committal application as well as the financial remedy application.
"1. The Husband shall file and serve his Form E by 4pm on 8th of July 2016. He is directed not to leave the Court building today without having first provided a copy of his Form E to the Applicant's counsel and is to lodge his Form E with the court forthwith having obtained a copy.
2. The proceedings are transferred to Birmingham Family Court……The adjourned First Appointment shall be listed by that court as soon as possible as will the Committal application."
Proceeding today in the absence of the Husband
i) The Husband has been served with the relevant documents including the notice of this hearing;
ii) The Husband has been expressly warned of the potential consequences of his failure to attend this hearing and the Court's powers;
iii) The Husband has had sufficient notice to enable him to prepare for this hearing;
iv) A further adjournment would be unlikely to secure the attendance of the Husband in light of his repeated failures to attend previous hearings and his failure to follow previous recommendations to seek legal representation;
v) The relative prejudice caused to the parties by proceeding today or adjourning the application to another date; and
vi) The overriding objective to deal with cases justly, expeditiously and fairly.