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Personal appearance in Crpc 125 and PWDVA Cases

Querist : Anonymous (Querist) 09 June 2010 This query is : Resolved 
Hi All

In my PWDVA case, no interim or other words have been passed, the lady is well-earning and has asked only for exorbitant monetary reliefs.

A settlement has been reached quite a while back and we are only waiting for the mutual consent divorce to be filed, after which the petitioner has undertaken to withdraw the PWDVA case.

The PWDVA case has been undergoing adjournments to allow for divorce to be filed. I have not been appearing personally in the adjournment proceedings as the matter is all but settled. My counsel has been appearing in all hearings.

The mutual consent divorce is pending withdrawal of the CAW Cell complaint by the petitioner which the petitioner was supposed to withdraw many months back. All her stridhan has been returned and she has given a witnessed certificate to the effect that she has no further claims of stridhan etc. from me or any member of my family.

Now the petitioner has filed an application to the court in the PWDVA case praying to direct me to appear personally because she wants to harass me instead of withdrawing her CAW Cell complaint.. I live far away and cannot come easily.

What should be my response?

Thanks!
Arvind Singh Chauhan (Expert) 09 June 2010
Personal presence is not necessary in both of the cases.


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