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I love my parents (law)     14 February 2013

Is it compulsory to appear personally in 125

Dear All Respected LCI,

                                 I want to know ,is it compulsory to attend each and every date of my 125-interim case personally.

Pls help me with justified grounds.

Thanks,



Learning

 9 Replies

Rahul Kapoor (Legal Enthusiast)     14 February 2013

hello,

in criminal cases u need to attend each and every date but you can take exemption under sec 205 crpc but it is on the discrrtion of the court.

 

 

regards-

rahul.gogreen@gmail.com

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     14 February 2013

You may file application for exeption from personal appearance.

Regards
adv.kamal.grover@gmail.com
9814110005
Advocate
Punjab and Haryana High Court, Chandigarh

MADURAI LAWYER (LEGAL CONSULTANT)     14 February 2013

Hello

If you could not appear before the Court on each and every date of hearing, you can file an application for dispensation of personal appearance on reasonably justifiable ground. If your petition is not allowed by the Magistrate, you can file either a revision petition or Direction petition under S.482 of Criminal Procedure Code before the Jurisdictional High Court. Kindly note that drafting of such a petition should be carefully done in a convincing manner.

https://www.jeevaganadvocate.com/

A . K . SETH (ADVOCATE--LEGAL ADVISOR)     14 February 2013

Yes, U will have to appear in person until and unless:----

1. If case is in Family Court, the Court has permitted you to retain an Advocate;

2. If permitted, your Advocate files application with justifiable grounds for your non presence and exemption permission thereof by the court.                                                In Case you are not permitted for  an Advocate, any PEROKAAR of you shall file your appearance-exemption application, as above.   akseth advocate::::::aksethadvct@gmail.com

        

I love my parents (law)     15 February 2013

1. If case is in Family Court, the Court has permitted you to retain an Advocate;
Query : - Dear Sir My query is "my case is interim - 125".Case is in family court.Pls reply

2. If permitted, your Advocate files application with justifiable grounds for your non presence and exemption permission there of by the court.    
Query : -  What are best grounds for me,my age 30 , distance- 500 kms.                                        

I love my parents (law)     15 February 2013

Can anybody guide me - best grounds for exemption.

what are acceptance rate %.

Pls reply


(Guest)

Ask lawyer to get exemption, distance etc quote and tell.


What is the percentage of success?


It depends on the severity of allegations and the judge.

I love my parents (law)     16 February 2013

Thanks

Zeeshan

you are right

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     23 February 2013

IN A FAMILY COURT EVEN IF A PERSON ENGAGES A LAWYER THE JUDGE SPEAKS ONLY TO THE HUSBAND AND WIFE AND THE LAWYER CAN ADVICE THEM IN ADVANCE . THERE ARE 28 FAMILY COURTS IN CHENNAI . EVERY COURT WILL BE CROWED EVERY DAY . THE FAMILY COURT JUDGE IS THE SAME RANK AS THAT OF THE DISTRICT JUDGE . THE DISTRICT JUDGE HAD POWERS TO ENTERTAIN MATRIMONIAL CASES . I HAD THE OPPURTUNITY TO CONTEST A FAMILY CASE AND THAT TOO THE WIFE WAS IN MADRAS AND THE HUSBAND HAD FILED THE CASE IN HIS PLACE ABOUT 500 KMS FROM MADRAS . WE PREPARED EVERYTHING FROM MADRAS AND ANOTHER ADVOCATE FROM THAT COURT WILL FILE THE PETITIONS THERE . ONLY ONCE SHE WENT TO THAT COURT AND THAT TOO  NOT FOR ANY CROSS EXAMINATION BUT THE TWO ADVOCATES WANTED TO ARRIVE AT A COMPROMISE . BUT NO COMPROMISE WAS ARRIVED . LATER ON THE JUDGEMENT WAS PRONOUNCED IN THE YEAR 1999 . WE WON THE CASE AND DIVORCE WAS NOT GRANTED . THE HUSBAND HAD TO APPEAL IN THE MADRAS HIGH COURT . IT CAME BEFORE A BENCH AND AT THE ADMISSION STAGE ITSELF IT WAS DISMISSED . BOTH ARE LIVING SEPARATELY . THE HUSBAND HAD MARRIED ANOTHER WOMAN  BUT WITH NO PROOF . THE WIFE DID NOT BOTHER ABOUT THAT . BUT THE LORD GOD GAVE THE PUNISHMENT AND THE HUSBAND HAD NO ISSUES TILL THIS DAY . BUT FOR THE WIFE A BOY WAS BORN IN 1994 AND NOW HE IS IN THE UNITED STATES .

                         SO YOU CAN FILE AN APPLICATION FOR TRANSFER OF THE CASE TO THE DISTRICT COURT IN YOUR PLACE EVEN IF YOUR WIFE HAD MOVED OUT OF THAT PLACE . YOU CANNOT BE EXPECTED TO GO AND ATTEND THE CASE WHEREVER YOUR WIFE GOES AND SETTLES . IF REJECTED GO ON APPEAL .-JOSEPH WILFRED - 23/02/2013 AT 00.07 HRS.


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