Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Skipping court hearing

(Querist) 03 February 2009 This query is : Resolved 
Respected attornies, I have filed a petition under 9 of HMA for brining my wife back into my house. Judge ordered counseling sessions during last hearing and she refused for re-union, hbl judge had furhter inquired both of us in his chamber and have ordered another counseling session as she refused in front of the judge too. I am working man and my job demands me to travel out of city. Can I skip next hearing. Will there be anyn reasons asked for my absence. Will my wife ask for any relief or ex-parte. I will be absent only for the next counseling session. Pls clarify
smilingadvocate (Expert) 04 February 2009
Mr. Ranganath

You can skip the same, if it is possible if you have an lawyer defending you he can seek adjournment on your behalf or you can send any of your family member your father or so and make than reprsent about your going out of station, see what is the stageof the case is your presence is must necessary, because all the hearing dates doesnot necessiates your presence if you have lawyer.
Uma parameswaran (Expert) 04 February 2009

Appoint a lawyer
M. PIRAVI PERUMAL (Expert) 04 February 2009
You can have a lawyer representing you in your case only after mediation failed and the matter is referred to open Court. However, in normal practice you can file a application signed by you and it can be presented by your counsel who is assisting you in the case stating the reason for your non-appearance on the particular day. You can also approach the HC and get exemption from you personal appearance on all hearings and you have to be in court when the trial starts.
Ravi Arora (Expert) 04 February 2009
Mr. Ranganath in Family Court you are suppose to take permission from court for engaging a Lawyer for your representation

And what you can do send your any family member or perokar who on behalf of you present your application in the court regarding your absence

And on the next date show your problem and seek permission from court for engaging a Lawyer.

Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.

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