Exemption of personal appearance in 498a case case
wifebetrayed
(Querist) 09 February 2012
This query is : Resolved
Chargesheet has been filed, we did not receive summon for appearance for first date, for second date we came to know about through enquire in court, not through summon/notice by police.
my lawyer would be attending this date.
can i request exemption of personal appearance for my mother and younger brother in 498a case case
case is in different city, 3000km away. My mother had undergone surgery on head and was in hospital for couple of months 2 years back, she is better now apart from ocassinonal memory loss i know not sure she would be able withstand presure of traveling long distance and attendence in court.
would request for expemption of her based on medical record of last 2 year would be entertained(She was admited in HDU ). Or court would make descsion based on her current health.
Arvind Singh Chauhan
(Expert) 09 February 2012
Yes court may exempt them, till further order, considering the condition.
Shonee Kapoor
(Expert) 09 February 2012
Yes, you can request exemption. On health grounds it is mostly permitted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Bhawani Mahapatra
(Expert) 09 February 2012
Yes, you have very good ground of exemption of personal attendance, as envisaged U/s- 205 Cr.P.C Two ground mainly you reside 3000K.M. away from the trail court and illness of the respondent. But you need to wait till you receive a summon from the court, before that you lacks locus standi to pray for the same.
M/s. Y-not legal services
(Expert) 09 February 2012
just think differ.,
why you cant go for quash the c.c before high court? in quash you can pray for interim prayer
1]stay further proceedings till pending disposal.,
2]. dispense the personal appearance of your mother.. surely you can., am not sure about your's..
-tom-
Devajyoti Barman
(Expert) 09 February 2012
File a petition u/s 205 crpc and ask for exemption.
It is discretion of the court than the right of the petitioner.
Raj Kumar Makkad
(Expert) 09 February 2012
Exemption is possible in the light of given facts but not for your brother.
