sourabh (a) 18 May 2014

Family court

There is a family dispute between myself and my wife ,she stayed with me for only 04 months. After that she left for her parent's place in U.P, they filed cases under Sec.12 in family court. can they or the court pressurise for my presence in the court while we have already engagd a good learned Lawyer to plead .can you tell us some Ruling in this regard,they had also filed Domestic Violence case against us.please support.

Reply Follow

5 Replies

Laxmi Kant Joshi (Advocate ) 18 May 2014

Yes , in the dv case your presence is compulsory on the hearing dates in the magistrate court .

adv. rajeev ( rajoo ) (practicing advocate) 18 May 2014

First of all u/s 12 of DV act is filed in the family court is not maintainable because family court has no jurisdiction to try the DV Act. cases.

Mahesh R. Sonawane (Lawyer/Fight for justice) 18 May 2014

If the proceedings are under DV act then are not maintainable before the family court,

if under Hindu marriage act, then I don't think that your presence is necessary on every dates except at the time of evidence...

If advocate is appointed....

sourabh (a) 19 May 2014

The petitioner has filed case under section 12 HM.Act. Can anyone help with citations for the same for Non appearance under HM act.

Laxmi Kant Joshi (Advocate ) 20 May 2014

You mean to say your wife had filed two different cases on you one in family court u/s 12 of hindu marriage act , i.e. for to make your marriage voidable , second is domestic violence case in the criminal court (jm/ mm) . You have to be present in The family court in the first hearing and at the time of evidence stage , others your lawyer will manage , but you have to be present in all hearing dates in your domestic violence case .