Nit (Learning Law) 29 July 2025

Filing absent petition is mandatory for respondent?

I'm a respondent in maintenance case and as a respondent I already filed a counter. I'm working as a software engineer and it is very difficult to me attend each and every hearing and same told to my advocate.

My advocate said that, every time if you are absent then you have to file absent petition for evertime and for this his asking 1000 rupees.

Now, my question is.. Is it mandatory to file absent petition every time? If yes, then can you please tell me what is the cost for this?

If it is mandatory to file, then I am thinking to file exemption petition for personal appearance except the days when my presence is mandatory. Is it good idea? If yes, then can you please confirm me in which court I need to file this exception petition?

Thanks in advance 🙏

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3 Replies

P. Venu (Advocate) 29 July 2025

Is it case under DV Act or a case under CrPC/BNSS?

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Nit (Learning Law) 29 July 2025

Sir,

Case is under section 144 of BNSS.

T. Kalaiselvan, Advocate (Advocate) 30 July 2025

It is possible to file a petition to dispense with personal appearance in a maintenance case, specifically under Section 205 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

This section allows a Magistrate to exempt an accused from appearing in person if they have a valid reason and if the Magistrate believes it is in the interest of justice.

The Magistrate will consider factors like the inconvenience or prejudice caused to the accused by their absence from work or profession, and the prejudice caused by their non-appearance.

It's important to note that dispensing with personal appearance is not a matter of right, but a matter of the Court's discretion.

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