CRPC 125 - Non appearance


My wife has filed CRPC 125 against me in Ahmedabad Family Court.

The first date of my appearance is in the next month.

Is it ok if I do not attend the first date and have my lawyer appear on my behalf with vakalatnama on the first date.

Can the court issue a warrant for my non apearance in the first date itself.

pl guide

 

 

 
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student

You must appear on that date as it is the first one. Giving excuses on the first date can leave a wrong impression on the judge. If there is some very important reason to not attend the court then u should give a solid excuse. u can also give medical for that.

 
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lawyer/cyber law consultant/cyber crime investigator

if your lawyer is capable enough to handle this issue then tell him only...he ll manage...but in my opinion you should remain present on 1st date of case...

 
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Middle Executive

Why don't u want to appear ? Be on the front and fight against the evil.......ur non appearance will bring negetive impact about u !

 
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Senior Partner

@ Author

1.
In S. 125 CrPC only during evidence stage defendend husband as is the case physical presence is required in Court. Your ld. Advocate can very well file on very first date "Exemption Application for personal appearance due to medical or business or job etc. reasons" There are several Guj. HC orders to that effectand even SC also says so.

2. S. 125 crPC is civil maint. case and even an Application under S. 151 CPC is valid for above purpose as per SC guidelines / views of various HC.


Few Student writers must note and catch up on subject matter on recent interpretations of S. 125 CrPC (physical presence of defendent husband on court dates when represented by a ld. Advocate case scenarios) and their say here is just to scare you / biased views since wife is asking for maint. and here a husband is at receiving end !

 
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propra

court issue a warrant for your non apearance in the first date itself.

 
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propra

court WON'T issue a warrant for your non apearance in the first date itself.

 
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Middle Executive

Originally posted by :Tajobsindia
"
@ Author

1. In S. 125 CrPC only during evidence stage defendend husband as is the case physical presence is required in Court. Your ld. Advocate can very well file on very first date "Exemption Application for personal appearance due to medical or business or job etc. reasons" There are several Guj. HC orders to that effectand even SC also says so.

2. S. 125 crPC is civil maint. case and even an Application under S. 151 CPC is valid for above purpose as per SC guidelines / views of various HC.


Few Student writers must note and catch up on subject matter on recent interpretations of S. 125 CrPC (physical presence of defendent husband on court dates when represented by a ld. Advocate case scenarios) and their say here is just to scare you / biased views since wife is asking for maint. and here a husband is at receiving end !

 
"

Dear Sir, thanx  for ur citations from the books of law.  But in real life the scenario is totally different.

And for Mr. Gandhi, no one is here to scare u or so as said in the above post. We r just sugesting u get a better foothold in the court. In my cases I have seen it myself. The Magistrates themselves give favour to me.

I myself is also defending a Cr.PC 125, a DV, IPC 498a, three at a time. And I can tell u one thing again and again, be in the front and fight the evil.

 

And the best of the presence of urs in the court is non delay of the case procedure.........if a client is present in the court...no lawyer can un duely take advantage of lingering the case. I am lucky that my lawyer asks me to be present on the dates and see myself what is happening.

 
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1      personal appearence can be dispensed with advocate in 125 crpc

         Naushad vs Naseema Beevi:DOD 15.12.1993:Kerala High Court : 1994 (1) CCC 471(Kerala)

         Crl. M. C. No. 1313 of 1990 and date of decision 15.12.1993 by justice K.T.Thomas

2        Proceedings u/s 125 Crpc are Civil in nature----------SC
           
             Iqbal Bano vs  State of UP: AIR 2007 SC 2215 
 
 
3  You  can file application u/s 205 Crpc for exemption from personal Appearance
 
            
                          -----------siranjeet---------------
 
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