Personal appearence in 125 crpc
siranjeet
(Querist) 23 October 2011
This query is : Resolved
my brother is in govt job and have only 15 casual leaves. his wife filed a case under 125 crpc for maintenance.he filed a application for exemption of personal appearence on each and every date and would appear at time of witness or when ever required. but the judge dimissed his application that there is no law under which relief can be granted to u. is there any case law/ citation where exemption from physical appearence is granted. if there is any case law/ citation please give me.
Devajyoti Barman
(Expert) 23 October 2011
It s strange why did he apply for exemption as the proceeding u/s 125 crpc being a quasi civil one, the court does not insist presence of the husband on all the dates.
siranjeet
(Querist) 24 October 2011
sir for filing application in higher court i need certain relavent case laws/ citation that was my query.in query under 125 crpc in this forum on dated 18 may 2011 the expert Tajosindia had mentioned in regard to exemption of appearence u/s 125 crpc that there are several Guj. HC orders to that effect and even SC also says so.so please give me that such order/ citations.
Sailesh Kumar Shah
(Expert) 24 October 2011
I agree with opinion of Shri Devajyoti Barman that there is no need to seek exemption.
siranjeet
(Querist) 24 October 2011
as judge had dismissed the application so if he do not go on every date then it would amount to contempt of court.
Adv.Shine Thomas
(Expert) 24 October 2011
You can file exemption application u/s 205 CrPC.
Satya Mani Tiwari
(Expert) 24 October 2011
The best solution is to get court attendence certificate from the Judge/Megistrate for the court which was attended by the applicant, thereafter after joining back in the office give an application in Govt.office where the applicant is working apply for TA/ DA and also attach court attendence certificate for consideration of the day of absense from leave to "ON DUTY"
Advocate. Arunagiri
(Expert) 25 October 2011
Satyamani,
The appearance of the husband before the court during the 125 proceedings can not be treated as on duty.
It may be the duty of the husband to take care of the wife.
Only the police officers like you can treat the appearance before the court as ON DUTY.
Arun Kumar Bhagat
(Expert) 25 October 2011
With due respect to featured Lawyer Ms.Advocate Shine, I most humbly submit that 205 Cr.P.C can not be applicable by any stretch of imagination because the said section is meant for exemption of an ACCUSED PERSON. In the present query the husband is not an accused he is an opposite party.He has not committed any offence.
siranjeet
(Querist) 27 October 2011
one can be on duty in court cases if he appears on behalf of department in any evidence or to produce document required in court and not on duty in his/her personal court cases.
205 crpc is for exemption of personal appearence of only accused in crinal cases.
MY QUERY WAS I NEED CITATION/ CASE LAW WHICH YOUR EXPERT Tajobsindia mentioned IN QUERY UNDER 125 CRPC ON DATED on dated 18 may 2011 mentioned in regard to exemption of appearence u/s 125 crpc that there are several Guj. HC orders to that effect and even SC also says so.so please give me that such order/ citations. IF expert Tajobsindia IS GIVING CORRECT INFORMATION in this forum THEN he should mention the citation of Guj HC & SC.
siranjeet
(Querist) 24 December 2013
personal appearence can be dispensed with advocate in 125 crpc
Naushad vs Naseema Beevi:DOD 15.12.1993:Kerala High Court : 1994 (1) CCC 471(Kerala)
Crl. M. C. No. 1313 of 1990 and date of decision 15.12.1993 by justice K.T.Thomas
siranjeet
V R SHROFF
(Expert) 24 December 2013
Very amazing reply from satyamani.
Satya Mani Tiwari
(Expert) 25 December 2013
Dear Mr. Arunagiri,
This forum is meant to give your personal opinions as expert in particular field. Hence Every so called expert has right to give his/ her opinion to the best of his/ her knowledge.
No expert is GOD in himself.....There is an old saying "you learn everyday from birth till death" so in this forum we also share knowledge amongst ourselves I request all experts not to be judgemental with their opinion,let the complainant be the judge to decide what is the most suitable solution to his particular problem. YOU MAY NOT NECESSARILY AGREE WITH ME BUT I HAVE THE RIGHT TO GIVE MY VIEWS.
