Maintenance Case and Personal Appearance

@ Author,

1. You shall appoint a legal representative along with "exemption for personal appearance" citing prudent grounds. Once allowed you are required during "compromise" and or during evidence / cross examination stage and or subject to fulfiling Interim Orders (I mean if default done form yoru side) then your expemption may be canceled upon.

I do not want to divorce my wife keeping my little son's future in mind, but also do not want to live with my wife due to her cruelty. I have already filed a divorce petition.

Just wanted to know if the maintenance petitiion can only processed legally thru court without divorce application? I cannot take risk by mutual understanding for maintenance with her. Can this be legally considered to stay seperately and give maintenance ? Appreciate quick solution !! thanks.

@tajobsindia,

Thanks again for your clarification.  I should have mentioned that, the 498A case is still in Investigation stage.

The notice/summons from the court, I was referring to maintenance case only.  Can you please confirm, if your response remains the same.

While checking for more information on the process of serving/receiving summons outside India, I have come across the following link.

https://lawyersclubindia.com/experts/service-of-summons-on-NRI-153531.asp

Can the learned counsels of this forum please confirm, if the summons can be sent with email alone, why would anybody follow the long process of sending through Ministry of Home/External Affairs and concerned authorities in foreign countries.

 @

Hon'ble SC has already given clarification that "Email service" is "Effective Service" some months back.
However suing party must mention email ID of OP / Defendant / proposed Accused as the case may be in Memo of Parties.

@

Readers, apologise for chewing third 'bandwiddth'............
Yes, I stand by my first reply above which is specific to your Maint. case and did consider investigation stage of S. 498a IPC as in your first post before replying.
However, never take any Family Law suits 'lightly'. Better to agressively defend till its legal conclusion instead of piling (any if awarded) maint. arrears from back date if not contested as in person behind Legal pleader (means keep a close watch on day to day happening at the Board)...........

@tajobsindia, Thanks again for your time and attention.

I am not ignoring any case and in fact that's the reason for worry.  Certainly, I will keep the advices you put forward.

Learned Counsels,

I came to know that the maintenance case was filed under (section 125 of CrPC) in Judicial Magistrate's court.

Can you please confirm if the Power of Attorney/representation through lawyer is sufficient (even for the first response to notice/summons from the court)?

Is there any possibility to request the honourable court to consider the exemption for personal presence even before they issue the notice?

I apologize if I repeated any question.  I was confused as I found conflicting answers on another forum :-(.

https://www.lawguru.com/answers/question/show/R5SavTn1uT

Can anybody please clarify my previous question?

Thanking you in advance.