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I love my parents (law)     03 June 2013

Dates are same in 498/125/divorce

 

Dear All LCI members,

                                      My brother is victim of 498/125/divorce. He is going to attend court date twice or some time thrice/months for about 500-600 Kms one side.

Main thing is that he is going with mother (old age-61 years).is there is any way, that all said cases date are samples guide me:-

1.       Are all dates are possible on same day?

2.       What is the procedure for the same to reach at session court of high court?

3.       What is the approx. cost advocate will demand?

4.       What are % ages, of this type of order? Court can give this type of order or not?

5.       Pls is there any loyal lawyers in Chandigarh High Court ?

 

Waiting for your positive response.

 

Thanks,

 



Learning

 10 Replies

Anil Bhatnagar (Advocate)     03 June 2013

      Hello dear,

Yes,  your brother/ his attorney can certainely request the concerned Court, for fixing the case for the same date for which other case/ cases is/ are fixed. If the family court, where 125 Cr.P.C. (maintenance) case is put-up, is also situated in the same court complex, it will certainly be of immence help.

Anil Kr. Bhatnagar ( Advocate) Mobile : 09871716363

New Delhi

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 June 2013

Dear Querist

I completely agree with Mr. Anil

Advocate Deepak Gupta (Lawyer)     03 June 2013

Apart from you may file application on the behalf of your mother ( Medical Ground)  for dispense with personal attendence in court hearing .

I love my parents (law)     04 June 2013

Thankx Deepak ji, I have filled said application-- but next date is replied by 2nd party.

Advocate Deepak Gupta (Lawyer)     04 June 2013

 File on next hearing date . Nothing to do with reply 

Never Give Up (Fighter)     04 June 2013

In matrimonial cases like 498A, DV, 125, Divorce if only husband attends its just fine. Exemption application can be filed for each date or permanent exemption can be filed.

 

Judges are liberal to accept exemption application of all other respodents/accused if husband remains present in the proceeding.

 

**This is my personal exp. as husband fighting similar cases :-)

sarath babu (ADVOCATE)     04 June 2013

yes, you can request the concerned court to post both the cases on the same date, or file application on behalf of your mother pleading to exempt her from attending the courts on ill health or medical ground. 

I love my parents (law)     05 June 2013

Dear All,

1. Lawyer filled exemption application on the behalf of mother on the grounds of distance travel ,old age (61 years) and medical.On that date judge order to 2nd advocate to file reply on the next date.My advocate told me on next date they have to file reply and then on  next date -- judge will order on the same. Is this true or not kindly describe pls ???.

2. What is the actual procedurethat all dates are same, is this thing possible in same distt. court or i have reach at High court. on every date i do not want to request to advocate for same or to judge,is this possible.Requested pls guide me ?/

Waiting for your positive response.

Thanks,

 

I love my parents (law)     05 June 2013

Pls requested can anybody send me the format/application -- request to judge that all dates are same ( on the grounds of disatance - 700 kms)

 

Pls

Never Give Up (Fighter)     05 June 2013

1. Lawyer filled exemption application on the behalf of mother on the grounds of distance travel ,old age (61 years) and medical.On that date judge order to 2nd advocate to file reply on the next date.My advocate told me on next date they have to file reply and then on  next date -- judge will order on the same. Is this true or not kindly describe pls ???.

 

Yes this is the process.  One party files application, other party submits reply . Then arguement on next date and order .

 

2. What is the actual procedurethat all dates are same, is this thing possible in same distt. court or i have reach at High court. on every date i do not want to request to advocate for same or to judge,is this possible.Requested pls guide me ?/

 

After you request for one or two time (reasons like you stay out of city, travel for long etc etc) , judge would remember your case and give date as per your convenience. (this is personal exp.)


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