My wife filed false CrPC 125 case against me in June 2017.I attended court on June 28th for 1st hearing and submitted my "vakalatma" along with my lawyer. Court postponed the case to Aug 3rd 2017. On Aug 3rd 2017, my lawyer submitted counter to their false allegations and It's postponed to Aug 17th. On Aug 17th, due to the absence of Judge, clerk postponed the case to Aug 28th 2017. On Aug 28th, me & my lawyer attended for hearing, but neither my wife nor her lawyer appeared before the Judge and the case was postponed to Sep14th 2017. Apart from this case I need to appear before the judge on Sep 8th for DVC case. When I checked with my lawyer, he told me that since maintenance was a mandatory one, the gap between 2 hearing dates should be less. I am working in Mumbai and the cases were filed in Andhra Pradesh.
Now could you please tell me,
1. What's the further procedure in Maintenance case?
2. Within a gap of 5 days, I need to travel 2 times from Mumbai to AP (her native place). When I asked my lawyer, he told me that he would file absent petition for me on Sep 14th for Maintenance case. Is there any problem if I failed to appear before the judge even though my lawyer represents me and he appears before the Judge?
3. I know in case of 498A case, Accused 1's (A1's) presence is mandatory, otherwise warrant will be issued against him. But in case of DVC (quasi-criminal) and Maintenance Cases (both are civil in nature), can I request the honorable judge or file any petition for my absence mentioning that I would definitely appear before the judge at the time of cross examination or my presence is needed.
Monthly I travel 3 to 4 times to attend all these cases (498A, DVC and MC) from Mumbai to AP. I am spending all my salary for traveling charges. It costs me around 6k to 7k for one trip.
Kindly suggest me, if there is any law to file petition for my absence at-least in one case, so that I can save some money.
Note: We had already filed counters in both DVC case and Maintenance case from our end. Not sure when they will start cross examination and proceed on front.
Thanks & Regards,