Naresh (In search of job) 01 July 2011

Procedure 2 take permission 4 absence in family court?

Dear members,

I have both divorce (i'm the petitioner husband filed the case in party-in-person, but gave the vakaltnama to a lawyer to assist me) & maintenance (wife is petitioner) going on in family court, which are at the cross-examination stage. In the next-date wife has to be cross-examined by my lawyer, in this scenario, I have the following questions.

(a) I have an exam falling on that date, is it possible to proceed with the cross-examination by my lawyer in my absence? I don't want to miss the date, since each miss will make me wait atleast one more month to get the chance again, so want to know, if my absence is acceptable and still go-ahead with the cross-examination of her by my lawyer?

(b) If, it is "yes" to my previous query, then should I need to give any authorization letter or any such thing for the court to allow to proceed with the cross-examination of her? Basically, is there something that I need to do for the cross to happen in my absence?

Thanking you in advance.

-Naresh

Reply Follow

2 Replies

rahul (director) 01 July 2011

there is no need at all to present in court on cross of oppent or any other date in proceding, if you read the vakalatnama you given to your lawyers, it mention all thing, that he can almost everytning on behalf of u,

it is your choice, that whether you want to be there during cross of your wife or not.. normaly people present, just to asssit lawyer and ask some which is your lawyer not aware of.

so if you think that your lawyers is well verced wit the case,,, there is entirely no need of presence of petitioner?

but I ma surprized that how the cross stage come, wothout dispossed off your wife's application u/s 24 for maintennece, i think, you alreay crossed by your wife's lawyers and maintennece already decided.

Naresh (In search of job) 01 July 2011

Thank you sir,

You are right sir, application u/s 24 hma already decided and i'm paying maintenance. The current maintenance case is u/s 18 HAMA, which is a permanent maintenance is being decided through this cross.