Recording evidence in absence of accused
lordofrings
(Querist) 28 August 2017
This query is : Resolved
Hi
My wife has filed CRPC 125 and DV against me. The cases have reached the stage of recording evidence.
The cases are running in wife's parental place, which is in another state, and around 450km away from my place.
I learnt from my advocate that "accused (which is me) must be present during recording evidence, and recording evidence can take 3-4 days".
It is not possible for me to stay in this place for 3-4 days. Moreover wife can also harass me by being present on 1 day and be absent on the next day. I am already harassed a lot due to multiple trips to this place every 2-3 months.
What are my options so that I do not have to stay more than 1 day for the stage of recording evidence? Is it possible to get complete exemption? This is sheer harassment which I want to avoid.
Arvind Singh Chauhan
(Expert) 29 August 2017
Though you are not accused for these proceedings. It would be beneficial, to be present during evidence and to assist your advocate during evidence
Guest
(Expert) 29 August 2017
Your lawyer seems to be quite sincere, who has advised you correctly. If you see for your today's comfort of not sparing 3-4 days for the duration of recording of evidence. you should be prepared for tomorrows sorrows at least in DV case against you.
Rest depends upon your own wisdom.
Guest
(Expert) 29 August 2017
Your lawyer seems to be quite sincere, who has advised you correctly. If you see for your today's comfort of not sparing 3-4 days for the duration of recording of evidence. you should be prepared for tomorrows sorrows at least in DV case against you.
Rest depends upon your own wisdom.
Yudhish Padman S
(Expert) 29 August 2017
Contents of this post has been deleted, kindly see my alternative post below.
Yudhish Padman S
(Expert) 29 August 2017
Dear lordofrings,
In addition to Sri.Dhingra's advise, I would like to add the following. It is not in the best interests of the accused person if the Hon’ble Court is permitted to take evidence against the accused person in his absence. Therefore, Sec.273 of Cr.P.C. mandates the presence of the accused person while taking such evidence. If you still choose to not appear in person, then you may file an appropriate petition praying to dispense with your personal appearance while taking evidence. In the accompanying affidavit, you are required to state genuine and bonafide reason(s) for your inability to appear in person. Anticipating harassment by the other side is not a legally tenable reason. In addition, you are also required to give an undertaking, in your affidavit, to the effect that the presence of your pleader may be treated as your personal appearance and that you shall not challenge such evidence at a later point of time. If this petition is allowed, then your presence is not necessary. But beware of the legal consequences.
Regards,
yudhishpadman@gmail.com, Advocate, Chennai.
Rajendra K Goyal
(Expert) 29 August 2017
Agree with the advice from expert P.S. Dhingra.
Dr J C Vashista
(Expert) 30 August 2017
I agree with the expert advise of Mr. P S Dhingra and Mr. Rajendra K Goyal but respectfully disagree with expert Mr. S Yudhish Padman to the extent that in either of the case(s) u/s 12 of the Protection of Woman from Domestic Violence Act, 2005 and u/s 125 Cr PC, 1973 the husband is a respondent but not accused.
However, it is always better to attend proceeding when the aggrieved person/complainant is cross-examined by your lawyer.
Why are you so scared of your wife at your in-laws station? If someone attempts any wrong to you, you have the legal remedy and/or you can arrange escorted by some/few other persons for your personal security.
Dr J C Vashista
(Expert) 30 August 2017
Although the experts have entertained, opined and advised you adequately, you are an anonymous person with a smart adoptive name of "Lord of Rings", which should not have been replied as per rules of this site, do play and avoid becoming "over smart".
