• I have to go in every hearing

Sir my wife put dorry and domestic violence case on me so i know at every hearing i has to go in court i do job it problem to take leave from office and i put divorce case on her any other case i put on her
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

In so far as the 498A (DOWRY CASE) is concerned you can apply to the court for permanent exemption from personal appearance as your appearance before the court causes you hardship, whereas in the DV case you are not required to appear before the court in the first instance. The presence of your lawyer before the court in DV case shall suffice for all legal and practical reasons.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1.There is no need to appear on each and every day of hearing.

2.in DV case your occasional appearance is enough.

3.Howeevr in 409A CASE YOU SHOULD BE FREQUENT BUT NOT ON EVERY DATE FOR SURE..

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

in DV case you need not appear in court on every date . your lawyer can appear on your behalf

2) as far as dowry case is concerned make an application to court seeking exemption from personal appearance

3) you can file for divorce on grounds of mental cruelty

4) also file defamation case against wife under secton 500 of IPC if she has maligned your reputation

Ajay Sethi
Advocate, Mumbai
99992 Answers
8162 Consultations

You can avoid personal appearances in dowry and DVC cases some times by filing attendance dispense petition through your lawyer. In divorce case also you can napper through a GPA or Lawyer/ Advocate.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

You dont have any option than to appear before court on each and every date of court hearing or else the court may issue non-bailable warrant agaisnt you.

Your advocate may file a petition on one or few occasions i you are not able to attend the court due to unavoidable circumstances, to condone your absence, but it cannot be done on a regular basis.

If you are having problems as cited, you may file a petition under section 205 cr.p.c. before the trial court seeking to dispense with your personal appearance owing to the reasons as justified by you in the petition.

T Kalaiselvan
Advocate, Vellore
90193 Answers
2506 Consultations

Dear Querist

engage an advocate and your advocate may submit your exemption application if you are not able to appear before the court on date fixed.

You can file divorce case, restitution of conjugal right or judicial separation cases against her U/s 9,10 & 13 of Hindu Marriage Act

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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