Nit (Learning Law) 07 August 2025

Is petition u/s 228 bnss exception from personal appearance allowed by family court?

I'm the respondent in maintenance case which is filed u/s 144 of bnss before family court. As a respondent, I am thinking to file exemption petition. Now, as per sec 228 BNSS magistrate will have power to give exemption from personal appearance for accused. Now, the question is.. same is allowed by family court as well ? If section 228 is not allowed by family court, then can you please confirm by using which section an accused person can file excepmption from personal appearance in maintenance case before the family court judge?

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T. Kalaiselvan, Advocate (Advocate) 08 August 2025

What is the criminal case going on in the family court?

If it is a maintenance case then there is no necessity to obtain dispensation order.

A family court can allow dispensation of personal appearance under certain circumstances, as per provisions similar to Section 228 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows a magistrate to dispense with the personal attendance of the accused.

While Section 228 specifically deals with magistrates, the principle of allowing representation through an advocate when personal appearance is not deemed necessary is applicable to family courts as well.

While family courts operate under the Family Courts Act, the principles of justice and fair trial, including the possibility of dispensing with personal appearance, are relevant. Section 13 of the Family Courts Act empowers the court to regulate its own procedure, which can include provisions for representation and dispensation of personal appearance.