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radhika (housewife)     23 June 2012

Delaing the hearing for rcr and 125

husband has filed against me "RCR"  just to save himself and i have applied for a case transfer in my city, also I have filed a maintenance case 125... as he refued to continue the marriage with me. now I want to know, wht excuses my husband can make not to come for the hearing for both the cases  ... or how long he can delay the cout hearing by not presenting himself if he sends his lawyer...



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 5 Replies

Tajobsindia (Senior Partner )     23 June 2012

1 . If case is on counseling stage then he is required to be present it is other matter after marking attendence he/she can walk out.


2. If he/she is represented by a pleader (Advocate on record) then the case should progress without his/her presence required as pleader can take instructions from his/her client and proceed with the case,
 

3. If case is on Evidence / Cross examination stage then he/she should be present to offer him/herself to be cross examined and generally he/she should not be marking him/herself ansence on those dates.


We donot know the satge from your query so cannot say for sure if he/she should be present at all or not. Regarding execuse if there is no counseling and or evidence stage then why do your side wants him ? Your side can very well tell PJ / APJ as the title of Family Court Judge before which S. 125 CrPC is being heard to proceed the case as per spirit of the Section of The Code. 


Finally regarding execuse either spouse gives to delay a case are;
 

- My mother was ill.
- My father was ill.
- I had interview.
- If that spouse has child custody then he/she will say my child was sick or there wasa PTM so I dinot attend Court.
- I didnot write down correctly the NDO Hearing.
- My Counsel didnot properly inform me of hearing - n on this date a proxy counsel will be present just see that happening:-)
- I was overseas.
- I was ill and here is a Regd. Dr's. letter.
- I thought it was strike at District Court.
- I say election poster of local Bar Counsel so thought the court is closed.
- I was present but standing outside court room and didnot hear when my name was called.
- I was shifting my home as previous landloard kicked me out.
- My counsel mother / father / sister / brother (as the situation arise) died so in his absence I thought I am not supposed to atrend Court and thought he would have informed about it. Afterall a litigant is not supposed to know if he/she is required to be in court when counsel family is bereaved!
- My counsel had a marriage at home and thus he was not present and same story line as above.
- My siblings marriage was there on the DOH hence I could not attend.
- I heard your ladyship / lordship was on leave so I didnot attend.
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-
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- add here some of your own as by now you must have heard few famous lines till date that is why you asked us to spell out few other execuses :-)

Adv Archana Deshmukh (Practicing Advocate)     23 June 2012

hahahaha............ :D

Adv Archana Deshmukh (Practicing Advocate)     23 June 2012

@ radikha

If he really wants to delay, then you will know more such excuses when the actual case starts. Till that time the above given LIST by tajobsindia is sufficient to give you a fair idea.... :-)

amit (Consultant)     23 June 2012

ashish Sir, but he is the one who has filled for RCR ... so is tht he has filled to save himself for the maintenance ....?  and if the person has himself has filed the RCR, so it is not impt for him to present for his own filed case....?


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