Mahadev 14 September 2017

Recovery of articles petition

Respected Lawyers/Members,

Wife has filed petition for recovery of articles in Court . She is in a different state , I am in a different state whereas case filed in her Uncle's state. My advocate says I need to appear in person ( 2000kms from my home) , sign counter reply petition, stand in Court and give evidence that her allegations are baseless as I dont have anything from wife. Can't i just sign the reply and send to my advocate who can then file in Court.

Advocate says if I don't appear , Court will pass order for recovery of articles and no matter what happens i have to give things which i never had. Can someone please advise how does such cases progress and when the in person appearance is necessary ? Will the Court simply rule against me without even

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2 Replies

Siddharth Srivastava (Advocate) 14 September 2017

Details are missing. You can be represented by your advocate. If the case is of civil nature then you are not required to appear on each date. Please also check as to whether the case has been filed in competent court or not?

Adv Radhika Mehta (Advocate) 15 September 2017

Firstly, consider whether the Court has the jurisdiction to the entertain and hear the Petition. Secondly, file an Application seeking exemption from each and every date of hearing. If you can, appoint a POA to represent you. Your lawyer is misguiding you. You need not be present on each date of hearing. The Court will not pass an order without hearing you. Also, you can notarize the documents and courier them to your Advocate.