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Kiran (sdd)     08 February 2016

Regarding exemption from appearing in family court

Hi, Is there any provision where in a respondent in a case filed in family court be exempted from appearing physically for every hearing?

I have to travel almost 1000kms every month to attend family court hearing. My lawyer says it is mandatory to attend every hearing. I request experts here to suggest if it is possible to get an exemption from appearing for every hearing.

 

Thanks in Advance.



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     09 February 2016

 

When an advocate is appearing with your power of attorney (Vakaltnamma) you need not appear in the Family Court in person unless your evidence has to be recorded or the mediation and conciliatory process conducted between both parties.

You must have engaged very junior advocate not experienced to handle such cases in Family Court.

prabhakar advocate (advocate)     09 February 2016

Definitely you need not appear on every date.  First you appear, if the court insists for mediation (one or two dates).  Then one or two dates for tendering your evidence and get yourself cross-examined.  Engage an advocate on whom you have full faith to protect your interest and have regular communications with him.

T. Kalaiselvan, Advocate (Advocate)     15 February 2016

Appearance of parties to the case i the family court on each and every date of hearing is must. The representing advocate may take exemptions for one or two times, but it cannot be repeatedly done.  Unlike civil court, the family court have different rules to be followed. 

You can entrust a power of attorney to someone close to you to represent you during your absence.

Vijay Raj Mahajan (Advocate)     15 February 2016

The rules followed by the Family Court varies from district to district/State to State as the Family Courts have been empowered by the Supreme Court of India in Shahbana Banu v/s Imran Khan, 2010(1)RCR(Criminal),158 to make and follow its rule and keeping in mind the principle of law the Family Court in India make and follow its rules which are different at different places.

In some states/district presence of both parties is made necessary on each date of hearing and not so in many states/districts.

Where in which State in India and district your case is pending depends on the rule the Family Court that it follows.


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