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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?

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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 ðŸ™



 9 Replies

P. Venu (Advocate)     29 July 2025

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

1 Like

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. 

1 Like

Advocate Bhartesh goyal (advocate)     30 July 2025

Yes,you can file petition u/sec 317 of BNSS for dispensing with personal appearance in court and get exemption to appear personally on each and every date of hearing.

1 Like

Dr. J C Vashista (Advocate )     30 July 2025

Very well opined and advised by learned experts.

You may put any subsequent dispute / query to your professor / coach /tutor.

1 Like

Nit (Learning Law)     30 July 2025

@KalaliSelvan and @Goyal

Sir,

Presently the maintenance case under the family court judge. So, If the petitioner under Section 205 or 317 is allowed by family court judge? Can you please confirm once? 

T. Kalaiselvan, Advocate (Advocate)     30 July 2025

A petition under section 205 can be filed for dispensation of personal appearance of the respondent fully whereas the petition filed under section 317 is an exemption petition for that particular date of hearing alone.

Rajinder Kumar Arora (Advocate)     04 August 2025

Gratitudes towards experts giving advices. However, please note that S.205 and S.317 mentioned above are from CrPC and not from BNSS.

T. Kalaiselvan, Advocate (Advocate)     04 August 2025

Section 205 of the Code of Criminal Procedure (CrPC), which allows a magistrate to dispense with the personal attendance of an accused under certain circumstances, is equivalent to Section 228 in the Bharatiya Nagarik Suraksha Sanhita (BNSS). Both sections grant the magistrate the discretion to allow an accused to appear through a pleader instead of requiring their physical presence in court.  There is nothing wrong in clarifying the details even though the techincality would be different, here in this platform opinion that matters especially when there is nothing wrong in claryifying the querist in his own understandable language.

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