• Is physical presence required for the family divorse/maintenance case in India?

I am working in USA on H1b and my wife has filed false dowry case on my entire family. The case if currently active in the court. Meanwhile there are other two cases currently running in family court. 1) Divorse case i applied and 2) Maintenance case filed by my wife. I have a kid of 5years. I have been giving maintenance of 5k every month. Now my wife demanded more money for which we requested Court to send her back to family life with me in my matrimonial house and we cannot pay the maintenance. The case is currently running in the court. Is my presence required in the court? My Parents attend on my behalf everytime. Can my Lawyer speak on my behalf. Is my presence required? Please help me.
Asked 7 years ago in Family Law
Religion: Hindu

4 answers received in 2 hours.

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27 Answers

Your presence in not mandatory in DV and divorce cases.

You can file exemption application or can appoint your parents as your POA holder to appear on your behalf.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can execute POA in favour of your parents 

 

2) your personal presence is not necessary in divorce case/ maintenance case on each date 

 

3) however your presence may be required during trial 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Your wife consent is not required 

 

2) you can execute POA have it attested before Indian consulate and send it to your lawyer in India 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Your wife's consent is not required.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

When case is kept for cross examination of your wife your presence would be necessary 

 

sumilarly when you give give evidence your presence would be necessary 

 

3) your lawyer can draft POA send it to you for your signature and you can sign have it attested before Indian consulate 

 

4) in criminal cases you make application for exemption from personal appearance until further dates if you are unable to attend court on each date . Your lawyer would draft it on your behalf 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Except criminal case you may be represented by a POA Agent in the court in other cases.

Your lawyer will conduct the case on your behalf whereas your POA Agent shall be representing you before court during your absence.

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You have to execute a POA Deed from your country of residence in favor of the person chosen to represent you as your agent.

Your wife's cosent is not required for this act.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You cannot execute a POA in India while you reside in a foreign country.

You may execute the same in India on your visit to India.

For exempting yourself from appearing in person in criminal cases you can file a petition under section205 cr.p.c. seeking to dispense with your personal appearance before court for the cited reasons.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

1. if family court has given you the permission to your family members to appear on your behalf then your personal presence is not required , at least till the stage of recording of your evidence.

2. To appoint your parent as POA holder consent of your wife is not required. Only the leave of the court is necessary.

3. However since this suit takes long time it is advisable if you settle it amicably by way of amicable divorce.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. 498A is a criminal case, hence unless the court exempts you from personal appearance before it you are bound to appear, failing which bailable and then non-bailable warrant of arrest will be issued. If you are unable to appear before the court then you may seek exemption from personal appearance.

2. In other cases you are not required to appear as the presence of your lawyer shall suffice.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See your presence is not required in the maintenance and the divorce.case but it is required in the dowry case as the nature of same is criminal though in same also your advocate can seek exemption of court allows.

Further you can appoint your relative as POA to sign any document though you will be required at evidence stage in the cases.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. In a criminal case the accused cannot appoint a POA and make him appear on his behalf as criminal liability is a personal liability. 

2. For other cases like divorce and maintenance the presence of your lawyer is sufficient, but if you want to execute a Special Power of Attorney in favour of someone then you do not require the consent of your wife for this.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

No your wife consent is not required for POA. You can just make a power of attorney in US and can sent to relative he can sign and POA and document can be filed before court for record.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No your wife consent is not required for POA. You can just make a power of attorney in US and can sent to relative he can sign and POA and document can be filed before court for record.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In trial your presence is required though court has power to exempt.you from personal presence.

The lawyer has to file permanent exemption application under Crpc.

Further POA can be executed in India if you are staying in India.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. File an application to seek exemption from personal appearance before the court in 498A. Such applications are rarely allowed by the trial court, hence you may have to challenge the order in the High Court.

2. Special Power of Attorney has to be attested at Indian Consulate. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Is your physical presence not required in the barber shop to shave your scalp? Haaaaa haaaaa haaaaa funny guy you are

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1) Meantime you can ask court to use skype or video calling on hearing dates and you will have plus point that hear will be day and there in USA a Night so you can easily attend each session of court hearing. No need to visit India, mean time you directly can talk to court. Just have permission from court that you need skype or video calling services.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You do not need to be present on each and every date. Your presence cannot be dispensed with only when your cross examination would be done, other than that you can seek exemptions on the grounds that you are living out of India and it is practically not viable popular on each and every date and these things should be mentioned in the exemption application which would be filed by your advocate.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Your parents can appear on your behalf for now and for this, you need to give them a power of attorney.

Having said the above, sooner or later your physical presence be mandated in the Court for recording your statements, examination etc. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Let your parents appear in the Court on your behalf for now. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Your lawyer can represent you

For the trial and signing of affidavit of evidence and other documents, to be filed in court, you can make a Poa in favour of a family member 

No consent of wife is needed for above 

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Sir,

Normally family court constituted litigant friendly as such it is for litigants to present in person and peruse the proceedings.  If meditations are over then you may ask your advocate to take care of the case.  It is not mandatory to be present but if you want to watch the proceedings then only you are presence is necessary.  You can give evidence through video conference.  If RCR is not filed then there is likelihood of awarding maintenance to the wife also.  It is better to withdraw the divorce and file RCR if you do not wish to pay maintenance to your wife.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. You are not required to be physiccally present on the dates of hearing  of civil cases unless it is for submitting evidence by you.

 

2. In case of criminal cases like FIR u/s498A of IPC, the accused is required to be present before the Court on the dates of the hearings.

 

3. You can execute a notarised POA in favour of anybody in India for representing you and also file applications, engage Advocates etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can appoint your father as your constituted Attorney for which you are not required to take any consent from anybody including your wife.

 

2. You can execute the said POA from USA and get it notarised by the appropriate officer of your local Indian Consulate and send to your POA in India. The said POA notarised before the Indian consulate is also required to be validated by the concerned District Judge in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. There is no criminal case filed against you for which you are not required to be present on the dates of the hearings of the said Civil Suits.

 

2. If you visit India in the meantime, do execute a POA in favour of your father and get the same notaised by the Notary public in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

In rare circumstances you can file the same through POA. With permission of the court your presence is not necessary.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

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