• Question on divorce petition received

My husband has filed for divorce, I am contesting it and the first hearing is scheduled on Feb 11th. Looks like the petitioner would not be attending as he is out of country. I want to know f I should attend in person or can my lawyer fie a vakalathma on my behalf as the petitoner is not attending. My lawyer says I dont have to appear. I am worried bcz the petition says I need to appear and they have cut across / cancelled the vakalathma option. Can someone please help me.
Asked 2 years ago in Family Law from Alappuzha, Kerala
Religion: Christian
1. In civil cases personal presence of the parties is not at all required except on few occassions like in evidence, reconciliation etc.
2. In the coming date you need not be physically present and your lawyer is enough to represent you in the court,
3. In the summons the language of ' attendance' is in routine manner and if you engage an advocate by giving him a vakalatnama you need not attend the court.
4 Do not get tense on this trivial issue as the long road is waiting ahead for the lengthy court battle.
5. if you are unemployed then do apply for maintenance in the said case later on.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
You can do so through kaanoon.com or by viewing my profile.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
Hi, your personal presence is not required and you have engaged the advocate and he will file the Vakalath and represent the case.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) your personal presence is not necessary on the first date . 

2) your advocate can file his appearance on your behalf 

3) your advocate is absolutely correct in his guidance that it is not necessary for you to appear 

4) if you desire to contest divorce proceedings you should file your detailed reply denying all allegations at the earliest
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1) you can contact any expert on this site including Mr barman after obtaining his contact details from the administration of this site 

2) you have the option of opting for phone consultations
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Hello,
1) You are not required to attend the court in person on the first date as it would suffice that your lawyer represent you.
2) Although the notice/summons would say that the personal is required, it is but part of the court language and your personal attendance would be required only during the stage of evidence or conciliation meetings of any that arise.
3) As long as you have your counsel to defend and contest do not be worried about routines of the proceedings. It would however be advisable  to closely follow the progress of the case at every stage and provide all co operation to your counsel to take the case forward.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You need not attend to the Court at this stage,

2. It will be enough if your lawyer attand the Court for and on your behalf,

3. However, it is always advisable to attend Court during hearings to keep track of the status of  case and not depend on what  lawyer says.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Your presence in the court at this stage is not necessary. But it is always advisable to be present on each and every hearing. Your lawyer has advised you correctly.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Your lawyer is right. You need not personally appear in the court if you have engaged a lawyer. The presence of your lawyer shall be deemed as your presence in the court. 

2. Likewise the petitioner is also not required to appear in the court on the next date of hearing.

3. The ''vakalathnama'' of a lawyer cannot be cancelled except by the lawyer himself. When a court orders the appearance of a person in a proceeding before him it implies that the said person shall either appear personally or be represented by a lawyer.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0

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