• Sending papers via post

My case is false dv and 498a case. My problem is that I have to take multiple leaves and run to her native frequently.  I can't concentrate on my work, can I send papers through post, how and what is the procedure. I will attend court but can't do so frequently. Also can I request to put next date after one or two month. So that I can earn well at least in those month.Please help guide me.
Asked 4 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
In DV case personal presence is not required 

2) your lawyer can appear on your behalf 

3) in 498A case long dates are given on account of heavy backlog of cases 

4) make application for exemption from personal appearance in 498A case until further orders 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
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1) in RCR case also your lawyer can appear on your behalf 

2) no need to attend on all dates 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
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No you can't send papers though post in any case either DVC or 498A IPC. You can send papers through your lawyer/ advocate. Since cases are criminal in nature, generally you have to appear personally. You have to appoint advocate and some times you can avoid your personal appearance by filing attendance dispense petition. Granting of case date will be purely description powers and availability of date of the Court, however, some times you can seek your convenient date. You can seek quash the proceeding launched against you and exemption of your personal appearance  by filing a petition under Section 482 of CrPC before concerned High Court. As routine DVC and 498A cases will be filed on general and routine allegations and all the family members will be roped in litigation. you can defend the case on restitution of conjugal rights case filed in the year 2013.
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
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Which papers are you referring to? If you cannot attend the court personally then you may seek exemption from appearance before it, which may be granted by the court in its discretion. Your lawyer can seek longer dates.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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Cases have to be contested on merits unless they are quashed by the HC.
Ashish Davessar
Advocate, Jaipur
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It will be better to engage a lawyer and fight the case through your lawyer and concentrate in your work.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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The 498a case is a criminal case.

Generally criminal cases are tried expeditiously.

However owing to your employment reasons, you may ask your advocate to file a petition under section 317 cr.p.c. to condone your absence on the date of hearing on alternate hearing and you can attend when he is not able to file this petition.

You can even ask your advocate to file a petition under section 205 cr.p.c. requesting permission of curt for dispensation of your persona appearance before court on all hearing dates  owing to your employment obligations and difficulties thereon.

You can discuss with your advocate on all such further issues. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
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How to false cases, rcr filed in 2013 , also sect 482 filed in high court in UP. What next?




How to face false cases?

Well, you hold challenge all her allegations during trial at the time of cross examination that she should tumble from her own stand and start giving contradictory statements which will benefit you. 

Tis RCR is not going come to your rescue in any manner because she may ignore it stating that you have no intention to live together. 

Since you have already filed a petition under section 482 of cr.p.c., you may wait the outcome for further steps. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0

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