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fighting back (exec)     23 July 2013

When to attend the dates once vakalatnama given in dv


me, along with parents and brother are named are respondents in DV case.

we have all submitted the vakalatnama to the lawyer the case is going on in MP, we are from maharashtra

once vakalatnama is submitted, when do we need to appear personally / cumpulsorily in court?

or is it sufficient that the lawyer attends all dates on behalf of us?

reqeust your kind guidnace


 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 July 2013

It will be better if you attend. Non attendance will also be ok till the court is ok with it. When the court would direct your advocate to keep you present , you will have to attend the court.

Nadeem Qureshi (Advocate/     24 July 2013


fighting back (exec)     24 July 2013

@adv archana....thank you for your kind reply....@adv nadeem..........thank you sir for your reply

just wanted to ask, i am worried, because my mother is an arthritis patient, and my brother is working in a different state, both have been made respondents, and they are not able to travel 1000 kms to attend the court dates, hence i wanted to know if there is any wayout, as vakalatnama for my mother is given, i will be giving for my brother tommorrow.

but how do i request the court to grant them exemption due to the difficulties.?

thanks and awaiting your reply

shriks........... (healyhcare)     24 July 2013

1.least sm1 from respondents should be present......
2.least whats going on in court will be in front of your eyes....
3. medical certificates presented by party/ any respondents has a greater impact than meare lawyer......
4. also lawyers stratergies and thoughts would be more clear in person rather on phones.......
5. experts above have adviced the same......

Shekhar (Proprietor)     24 July 2013

In DV CASE No female can be a respondent. File for removal of mother`s name under 482CrPc in Hi-court



fighting back (exec)     24 July 2013

Hi shekhar,

as per later ruling by Hon SC, respondents can be females too, there are judgements too to that effect........

Shekhar (Proprietor)     25 July 2013

As Per The DV Act Of 2005, No Females can be respondents. Pl Check the rules.



fighting back (exec)     27 July 2013

@adv archana.....thank you very much maam for your kind reply

i just wanted to know, at what stage of a case does the respondent have to appear personally in court?

the reason i am asking this is, that my brother is presently undergoing job training in another state, due to which he is not able to get even one day off.

since i am going to handover his vakalatnama to my lawyer, i wanted toknow, at what stage will he be summoned in court. so that he can attend it after taking leave from job,.

i mean, when the DV case starts, normally how much time does it take for that stage to come, and how long does a DV case run,

i would indeed appreciate your kind help.


Shekhar (Proprietor)     27 July 2013

As Per the rules set in the act, the DV Case should be over in 6Months time frame. But Due to heavy loads of cases in the court, it will pull on 2Years. In My case, I have been attending the court regularly and from 5/12/2011 on my first appearance in the court till now it is going on. My wife is under cross.

Harrassed (accountant)     27 July 2013

@shekhar...How frequently you are getting dates..

Shekhar (Proprietor)     28 July 2013

Initially  10-15Days for 3Months. Once IA has been ordered, every Month. 



Shekhar (Proprietor)     28 July 2013

In my DV Case, My Wife has declared me as pauper. Taking the certified copy of the same, I have filed for maintainance Now.

Harrassed (accountant)     28 July 2013

Is it possible...IA can be passed after divorce decree approved..and even i am not in india...not attending court dates...

Shekhar (Proprietor)     29 July 2013

Once decree of Divorce, Duration of the Divorce case is important. The DV Case Cannot be put after 1Year Of Non-co-habitation. Very few people Know about this.



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