Personal appearance requirement
Dr. Shekhar
(Querist) 09 April 2014
This query is : Resolved
I have filed contested divorce case. But since I am overseas citizen of India, I have to go overseas.
Kindly clarify if it is mandatory to attend the hearing or can my advocate through my POA appear. ?
Alternatively, can i also request for Electronic court appearance through video when I am located overseas?
ajay sethi
(Expert) 09 April 2014
your advocate can attend case on your behalf . but you will have to attend court for giving evidence .
Dr. Shekhar
(Querist) 09 April 2014
The evidences are to be given when? is it on filing or the court asks when to give? If on such date I am overseas can my advocate request for Electronic court through video for my attendance. in my case the only evidences I have are emails.
Devajyoti Barman
(Expert) 09 April 2014
Though your advocate can represent you in court while giving evidence you have to be physically present.
No electronic transmission will be accepted to tender your evidence.
ajay sethi
(Expert) 09 April 2014
affidavit of evidence has to be filed . you will be subject to cross examination . you will have to remain personally present . it cannot be done through video conferencing
Rajendra K Goyal
(Expert) 11 April 2014
Agree with the experts, for evidence you have to present personally.
Dr. Shekhar
(Querist) 11 April 2014
Kindly help me to understand the stages of the petition. As I understand:
1. The petition along with affidavit is filed by my as Petitioner.
2. Then the court will issue notice to the Respondent to reply.
3. After the reply of the Respondent only I need to submit the evidences and that to when the court asks ??
Dr. Shekhar
(Querist) 11 April 2014
Mr Barman, Thanks. If it's so that means the second stage where the reply from respondent is required. Until this reply is received from Respondent, the Petitioner would not be required to submit the evidences ?
ajay sethi
(Expert) 13 April 2014
only after reply is received from the Respondent do you have to file your affidavit of evidence . you must have negaged a local lawyer . he will guide you
