Anir (Supervisor) 14 June 2012
Is it manadatory to submit reply on 1st date of CRPC 125? If due to some emergency reason I am unable to appear on 1st Date, court would award ex-party? If I want want more time then can I or my lawyer ask for next date for submission of reply?? Please adviice me.
Tajobsindia (Senior Partner ) 15 June 2012
@ Author
Generally shall NOT.
1. The proceedings under S. 125 Cr.P.C., are summary one and semi-civil in nature, the object of which is to prevent vagrancy and destitution, it has a civil purpose to fulfill. It is a measure of social justice. The jurisdiction is preventive and not remedial and certainly not punitive. The power under this Section is discretionary which has to be judiciously exercised.
2. Hence, show causing emergent situation as placed before us a defendant Husband can always seek adjournment.
MRRpersonality (Knows very little about Indian laws) 15 June 2012
You can request adjournment showing the reasons for it. Since it is marriage court petition, you need to file for exemption from appearance via an Advocate after due vakalat and it has to be allowed by the court.
Also you can send a very close relative (like parents, brother/sister etc) and submit the evidence/proof of your emergency and the court will adjourn to the next date.
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