• Failure to attend mediation in family court

My friend's wife has filed CrPc 125 Maintenance case against her husband at her place 6 months ago. My friend has attended & has submitted the service report along with Statement of objection in family court just a month ago.
The next date for Mediation has been set immediately after a month by court in the absence of judge and my friend is asked to appear on that date. 
My friend's working place is more than 2000 km from his wife's place of stay & he cannot make frequent travels to Court due to his health condition and pressure of work at office.

My questions are:

1.If my friend fails to appear due to his health condition,can he ask some lawyer to appear on his behalf with a medical certificate ?
2.Can the court postpone the date for mediation due to his absence?
3.Can my friend directly communicate to hon.Court for not enabling to attend the mediation ?
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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10 Answers

First of all running away from problems/situation is not a solution. Facing with full energy those all problems is your strength.

1) You can send your family members to attend on behalf of you or appoint a lawyer.

2) After requesting to court for first time they will postpone date or you may say that your friend work 2000 km away frim city, is it possible to have video conferencing.

3) Yes. Your friend can directly communicate with honourable court.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. In 125 crpc case presence of parties is not mandatory at all.

2. So in such circumstances his advocate is competent enough to represent him in court during his absence.

3. Only at the time if recording his evidence his presence in court is compulsory.

4. Similarly at the time of mediation also his advocate can't represent him in his absence.

5. The court can very well postpone the date if mediation if on certain date he can't ensure his physical attendance before the mediator.

6. If your friend hasn't engaged any advocate then only he can place his own case before the court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The lawyer can submitt the medical certificate and seek another date.for mediaition session. In process of mediation the lawyer is not needed but if you have one he can attend with you.

Yes court can be directly approached by your friend

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes he can tell his advocate to appear with medical certificate. Yes he will get a date for the same. If he doesn't have lawyer he can address. If he is represented by lawyer it is advisable that lawyer addresses the court.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

Yes, he can ask his lawyer to appear on his behalf and ask to postpone the date of Mediation, but must be set as date before the next date hearing in regular court.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) if your friend does not appear before mediator case would be adjourned

2) your friend cannot communicate directly with the court

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1.) yes he can ask his advocate to appear on his behalf on the basis of medical certificate.

2.) Mediator can provide one more opportunity for being heard.

3.) Yes after the mediation period is over, he can justify his sufficient reasons.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1. Yes a lawyer can appear and file an application from exemption of appearance and may take further date.

2. Yes the court can give another date.

3. If he is not coming then how can he directly communicate, it will be good if you engage a lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. He can be represented by his lawyer or else in the mediation session,he may ask any of his close relative to represent him.

2. The mediation session can be postponed at request.

3. No, he can ask his representative to submit an application to this effect which would be considered.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. Yes, a lawyer may appear on his behalf and get the case adjourned.

2. Yes. But a lawyer will have to request for adjournment on his behalf.

3. No.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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