Personal Presence Of Respondent

Querist : Anonymous (Querist) 31 July 2010 This query is : Resolved
FACTS :
The Petitioner (wife) has filed maintenance petition in Family Court. The Respondent (husband) is US citizen, holding US passport, born and brought up in US. The Petitioner wife is Indian national, holding Indian passport. She went to US after marriage performed in India and returned to India after 18 months due to marital discords. The marriage not registered in India but duly solemnized and registered with US Court.
Along with maintenance petition, wife also filed complaint u/s- 498A and under Domestic Violence Act with local police station against husband and in-laws. The case is still not registered. However, since the police complaint has been filed, husband (Respondent) fears to appear in person before family court lest he would be trapped by the Petitioner by Police action.
In view of aforesaid facts, Respondent chose to file in Court an application seeking permission of the Court to engage lawyer and Vakalatnama (both required in family law matters), duly signed and attested by Consular Officer of Indian Embassy in US, through lawyer in India in respect of maintenance petition.
The Court has, however, taken a view that even for filing these two documents, the party has to remain present in Court. The Court has accepted these documents under objection and deferred the matter for argument to a next date.
Requirements:
1. Supreme Court/High Court guidelines on physical presence of parties in family law matters, especially when the party is foreign national. (Please note that the term “NRI” is different from “Foreign National”).
2.Any recent (preferable) or old judgement on the issue.
3.Any judgement of higher court where due to certain practical difficulties like foreign citizenship, cannot leave job or business for fear of loss of earning, illness, etc., personal presence in family court dispensed with.

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