• Section 125 of CrPC

Sir,

my wife has filled case against me under said section on 28.07.2014

my first hearing was on 16/8/2014.

i am ca student, now i have an opportunity for going abroad for job, i want to go there.

can i go for job there, what procedure i need to follow?

kindly reply.

thanking you

vipul joshi
Asked 2 years ago in Civil Law from Ahmedabad, Gujarat
1) you can appoint an lawyer to appear on your behalf . 

2) it is not necessary you remain present on each date . 

3) your lawyer can make an application for your exemption from personal appearance under section 205 Cr Pc . court can  grant exemption until further orders .
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
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It is not necessary that you should be present on every date of hearing.Seek an exemption from the court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. The case filed by your wife will not be a hindrance to your plan to go abroad for studies. You do not have to remain present in the court on all the hearings as the presence of your lawyer will suffice after you have been granted exemption from personal appearance.

2. Once exemption has been granted your lawyer can prosecute your defence in your absence.

3. Comply with the court orders even if they are against you as your failure to do so might result in a warrant of arrest being issued against you.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
No need to physical appearance in the Court,execute a VAKALATNAMA in favour of a lawyer who will defend your case.You can also file an application u/sec.205 Cr.P.C. for dispense personal appearance.Court may not impounding your passport for such a case,so you can go aboard.But any default to maintenance allowance court can issue a warrant.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
You can go by giving. GPA to conduct your case or appoint a lawyer to defend you. Or Pay one time alimony and settle it
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Querist
This is a civil nature case and your personal presence is not required on each and every date you may appoint a lawyer and go to abroad for you Job nobody can restrain you to do that. or execute a SPA and appoint your attorney to anybody from your family members, they may be appear on behalf of you to fight the case.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
4.9 on 5.0
Hi, even though your presence is not required for each and every date but your presence is very much required at the time of evidence so your presence is on that stage    is very much required.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
You can either appoint a Power of Attorney Holder to represent you in the court with court's permission in your absence or alternately your lawyer can   file for excemption from appearance stating that you are getting a job overseas.It won't be hard to get that prayer granted as the job abroad will help you deal with the maintenance.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. the standard procedure in such cases is not to attend the court and allow it to go ex-partee with decision in favour of the wife,

2. Afer that a order recall application is filed for hearing the matter,

3. This way time is killed,

4. You can engage your lawyer who will represent you and state that you do not earn anytthing and is still a student,

5. It is the wife who has to submit document about your earning,

6. You can very well go abrad and get employed there.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Your lawyer can make an application for your exemption from personal appearance under section 205 Cr Pc . court can  grant exemption until further orders .
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0

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