I have been served 125CRPC vide a 1 page note. There are no accompanying details. The Regd. AD contained just 1 page instead of the complete package. I suspect a conspiracy behind this.
My questions:
Q1. Do I have to be physically present on first date?
A couple lawyers I talked to in court said that I have to be present on each and every date (because its CR(iminal)PC). If I miss even a single date immediate warrant will be issued. True? or scare tactics?
The answers I gathered from this forum is that if respondent doesn’t appear then ex-partee order is issued and if respondent doesn’t pay then only BW is issued after a certain time.
What is the correct answer.
In a previous topic a contributor (Tajobsindia) was kind enough to reply:
>>>>Take: Based on brief you need not have to be present on first date provided there is a Vakalatnama filed on your behalf by a pleader representing your side of case. Ask him to state reason of absence sitting your un-employment and non-reciving the plaint copy with annexure if any of the suit that she filed for maint.<<<<<
My question is:
Q2. What kind of the application needs to be written seeking exemption for appearance? A verbal request or written application. Does anyone have a format for application seeking exemption for personal appearance for crpc 125?
Its an out of state case. The pleader I will be sending is a rookie lawyer (being unemployed I have to choose the cheapest). I want to make sure he makes the case well so I request your help here.
My 3rd question :
Q3. On subsequent hearings if I HAVE to go on a court date how can I safeguard against any conspiracies? She has a large family with some goons thrown in for good measure. What should I be watching out for?
