presence of petitioner in Divorce petition is necessary or not

Querist : Anonymous (Querist) 18 June 2011 This query is : Resolved
Respected Experts
My HMA Divorce petition on the ground of cruelty and desertion is pending for presence of respondent/Husband (first peshi after filing petition)i want to know is it necessary for me to remain present in the court on date fixed,my counsel said that it is upon my wish, i am confused,kindly advise.In case i remain present on each n every date it will affect my study.Regards
Sarika

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prabhakar singh (Expert) 18 June 2011
Your personal presence on any of the dates of petition is not required unless it is a date for your evidence ; provided your lawyer attends the court when a call is made by the court in your case,and responds to do whatever is necessary to be done on your behalf.So on dates you do not appear ,always give your lawyer full instructions so he does not fail to appear.
As you say it is first date,for which summons might have been sent for reply of your husband.If it returns unserved,the court will order you to take fresh steps for service which your lawyer can take on your behalf if he is instructed by you.By word "instruction" i mean here the payment/or promise of payment of expenditure and fees as bar council rules prohibits advocate to pay for expenses from their own pocket without instructions from client.

Querist : Anonymous (Querist) 18 June 2011
Thanks Sir

Devajyoti Barman (Expert) 18 June 2011
Yes unless the case is fixed for your evidence you may not be present in the court.

Ashok Yadav (Expert) 18 June 2011
No need to attend case on each date fixed, your Advocate will appear on your behalf and will peruse the matter. In the civil suits presence of parties is not compulsory on each date. It is compulsory on the date fixed for evidence of party.

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