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Pawan   30 August 2017

Respondent's presence mandatory in maintenance case?

Honorable Experts,

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,

Pawan



Learning

 17 Replies

Siddharth Srivastava (Advocate)     30 August 2017

In proceeding u/s.125 Cr.P.C you can be represented through advocate and your presence on each date is not required. The case under DVA it being criminal case so your presence is necessary on each date unless judge permanently grant you exemption through your advocate from personal appearance and in such case your advocate shall appear before court. You can also request the court to list both the cases on same date for hearing of both the cases. You can also get DVA case transferred to Mumbai court.
1 Like

Adv Radhika Mehta (Advocate)     31 August 2017

Originally posted by : Pawan

Honorable Experts,

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?

Your wife may move an Application for Interim Maintenance which will be heard before the matter proceeds to trial. 

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?

In the cause-title of the Petition, your wife would have mentioned your Mumbai address.  Therefore, the Judge most likely shall not create any issue regarding your absence.  However do urge your lawyer to file an Application for Exemption from personal appearance at the earliest.  Also if you have some relative in AP who is willing to attend your hearings as your representative, you can appoint him as your POA holder to represent you. 

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.

Yes.  File an Application seeking exemption from each and every date of hearing. 

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,

Pawan

 

1 Like

Pawan   31 August 2017

@Sidharth Srivastav @ Radhika Mehta

Thanks a lot for your valuable suggestions Sir/Madam. Your suggestions gave me some positive hope.

I was transferred to Mumbai in Feb 2017. We used to stay in Chennai. In all her complaints, my wife mentioned Chennai address. 

Do I need to inform the same to Judge in my absent application for Maintenance case? 

I will ask my lawyer to request the honorable judge to postpone the two criminal cases (498A & DVA) on same date. (Let me know, if there is any chance to file an application to request this one as well)

Apart from these 3 cases, I have filed RCR from my end (even though it was filed after 498A, we have some solid proofs to counter all their false allegations). So far, 2 hearings happened in RCR case. In the 1st hearing my wife submitted "Vakalatma" along with her lawyer, Judge asked her to submit her counter. But in 2nd hearing, they didn't file their counter. Court postponed the case to Sep 21st. My Lawyer told me that he had already informed to Judge about my present location and my presence was not required till my wife submits her counter.

Do I need to file any application for my absence even in RCR case mentioning that I would attend without fail at the time of cross examination or my presence is mandatory?

Let me know if there is any chance to appoint my uncle as my POA holder to represent me in RCR case as well?

Thanks & Regards, 

Pawan

Adv Radhika Mehta (Advocate)     31 August 2017

Originally posted by : Pawan

@Sidharth Srivastav @ Radhika Mehta

Thanks a lot for your valuable suggestions Sir/Madam. Your suggestions gave me some positive hope.

I was transferred to Mumbai in Feb 2017. We used to stay in Chennai. In all her complaints, my wife mentioned Chennai address. 

Do I need to inform the same to Judge in my absent application for Maintenance case? 

Yes you should update your address asap

I will ask my lawyer to request the honorable judge to postpone the two criminal cases (498A & DVA) on same date. (Let me know, if there is any chance to file an application to request this one as well)

Yes, do that. 

Apart from these 3 cases, I have filed RCR from my end (even though it was filed after 498A, we have some solid proofs to counter all their false allegations). So far, 2 hearings happened in RCR case. In the 1st hearing my wife submitted "Vakalatma" along with her lawyer, Judge asked her to submit her counter. But in 2nd hearing, they didn't file their counter. Court postponed the case to Sep 21st. My Lawyer told me that he had already informed to Judge about my present location and my presence was not required till my wife submits her counter.

Do I need to file any application for my absence even in RCR case mentioning that I would attend without fail at the time of cross examination or my presence is mandatory?

It is always advisable to have the same on record. File an Application for Exemption. 

Let me know if there is any chance to appoint my uncle as my POA holder to represent me in RCR case as well?

Yes. You just have to mention that he is conversant with the facts of your case. 

Thanks & Regards, 

Pawan

 

1 Like

Pawan   02 September 2017

@ Radhika Mehta

Thanks again for all your valuable suggestions Madam.

Could you please clarify me on these 2 queries as well.

1. On Sep 8th I need to appear before the judge in DVC case. Again on Sep 14th I need to appear before the judge in CrPC 125 Maintenance case. Can I send my uncle as my POA holder along with my lawyer on Sep 14th directly. I just want to know whether my appearance is necessary or not,while submitting my petition to represent him as my POA holder. If my appearance is mandatory, is there any chance to file petition on Sep 8th itself, so that he can appear directly on Sep 14th in CrPC 125 Maintenance case.

2. Is there any chance to nominate more than one person as my POA holders? Either me or my uncle will appear definitely, but in worst cases if we both are fail to appear before the honorable Judge, my father will represent me.

Thanks in advance...

With Regards,

Pawan

T.SRINIVASULU   02 September 2017

Ur presence can be dispensed by filing petition in high court I got positive order in dvc case from High Courtrecently .T.SRINIVASULU 7702908204

T.SRINIVASULU   02 September 2017

Ur presence can be dispensed by filing petition in high court I got positive order in dvc case from High Courtrecently .T.SRINIVASULU 7702908204
1 Like

Pawan   03 September 2017

Originally posted by : Pawan
@ Radhika Mehta

Thanks again for all your valuable suggestions Madam.

Could you please clarify me on these 2 queries as well.

1. On Sep 8th I need to appear before the judge in DVC case. Again on Sep 14th I need to appear before the judge in CrPC 125 Maintenance case. Can I send my uncle as my POA holder along with my lawyer on Sep 14th directly. I just want to know whether my appearance is necessary or not,while submitting my petition to represent him as my POA holder. If my appearance is mandatory, is there any chance to file petition on Sep 8th itself, so that he can appear directly on Sep 14th in CrPC 125 Maintenance case.

2. Is there any chance to nominate more than one person as my POA holders? Either me or my uncle will appear definitely, but in worst cases if we both are fail to appear before the honorable Judge, my father will represent me.

Thanks in advance...

With Regards,

Pawan

Can anyone please respond on these queries as well?

Thanks in advance.

With Regards,

Pawan

Adv Radhika Mehta (Advocate)     03 September 2017

Originally posted by : Pawan

@ Radhika Mehta

Thanks again for all your valuable suggestions Madam.

Could you please clarify me on these 2 queries as well.

1. On Sep 8th I need to appear before the judge in DVC case. Again on Sep 14th I need to appear before the judge in CrPC 125 Maintenance case. Can I send my uncle as my POA holder along with my lawyer on Sep 14th directly. I just want to know whether my appearance is necessary or not,while submitting my petition to represent him as my POA holder. If my appearance is mandatory, is there any chance to file petition on Sep 8th itself, so that he can appear directly on Sep 14th in CrPC 125 Maintenance case.

No, you cannot ask your uncle to directly appear.  You will first have to file an Application seeking permission from the Court to appoint a POA.  I believe that if you get the Application notarized, you dont need to go personally.  However, i am not aware of the working of the Chennai Courts therefore kindly confirm the same with your lawyer. If on 8th, you want to move, you will have to take an Application to take the matter on board as well as give notice to the other side and there is no urgency as such.  Better to file on 14th.   

2. Is there any chance to nominate more than one person as my POA holders? Either me or my uncle will appear definitely, but in worst cases if we both are fail to appear before the honorable Judge, my father will represent me.

No, only one. 

Thanks in advance...

With Regards,

Pawan

 

1 Like

Pawan   03 September 2017

Thanks a lot again Madam..

Will discuss with my lawyer and keep you posted. The info might be helpful for others.

Adv Radhika Mehta (Advocate)     03 September 2017

You are welcome :)

Rajdeep Majumder (Junior Lawyer)     10 September 2017

if you are unable to attend you must contact your conducting advocate and instruct to file a petition u/s 317 cr.p.c to conduct the procedure on behalf of you on that specific date.

Rajdeep Majumder (Junior Lawyer)     10 September 2017

Originally posted by : Pawan



Originally posted by : Pawan



@ Radhika Mehta

Thanks again for all your valuable suggestions Madam.

Could you please clarify me on these 2 queries as well.

1. On Sep 8th I need to appear before the judge in DVC case. Again on Sep 14th I need to appear before the judge in CrPC 125 Maintenance case. Can I send my uncle as my POA holder along with my lawyer on Sep 14th directly. I just want to know whether my appearance is necessary or not,while submitting my petition to represent him as my POA holder. If my appearance is mandatory, is there any chance to file petition on Sep 8th itself, so that he can appear directly on Sep 14th in CrPC 125 Maintenance case.

2. Is there any chance to nominate more than one person as my POA holders? Either me or my uncle will appear definitely, but in worst cases if we both are fail to appear before the honorable Judge, my father will represent me.

Thanks in advance...

With Regards,

Pawan





Can anyone please respond on these queries as well?

Thanks in advance.

With Regards,

Pawan

i wold like to consult you to file a transfer application before Honourable Supreme Court showing your professional reuirements. no one can represent you like this way. you have to either allow an application u/s 205 cr.p.c or else you need to seek transfer to the court of your jurisdiction. you cannot appoint any one to represent youself other than your lawyer in any matrimonial dispute cases.

Pawan   17 September 2017

@Rajdeep Majumder Thanks for your suggestions sir.. My lawyer filed absent petition in maintenance case & for RCR case he told me that my presence was not required as they were going to file counter in the last hearing.

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