Soldier in a divorce case !
Adv.R.P.Chugh
(Querist) 29 March 2012
This query is : Resolved
Dear Seniors,
In a divorce case which I am contesting on behalf of the husband, the husband is a soldier in the army posted in bikaner, while the case was filed at Family Court, Dwarka Delhi.
The matter is coming up for WS by respondent, I just wanted to know whether petitioner's presence is imperative ? since it's a family court ? Is the counsel's presence enough ? or we need his authorised attorney to answer questions of fact perhaps? any permission from commanding officer required ?
ajay sethi
(Expert) 29 March 2012
petitioner presence is not necessary on each date . it is sufficent if he is represented by counsel . only when case is pplaced for evidence will his presence be required
Raj Kumar Makkad
(Expert) 30 March 2012
The presence of such soldier is required at the time of reconciliation by court & his evidence. It shall be better if such person obtains prior permission of his CO for joining the court hearings.
It is a civil case and personal presence of any party is not required except as stated above.
Shonee Kapoor
(Expert) 30 March 2012
not necessary.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 30 March 2012
In those dates where he has be be present he will have to arrang eleave or his lawyers seek adjournment on that account. Since it is not a criminal case nor he is required as a witness the process of issue of summons through Commanding Officer will not sustain.
He is not the first defence personnel facing divorce case. Normally leave is not denied in such cases unless there are compelling circumstances.
V R SHROFF
(Expert) 30 March 2012
Personal attendance not reqd, unless for Evidence. WS etc may be verified elsewhere & submitted by advocate.
Shonee Kapoor
(Expert) 01 April 2012
Never mention Bharat Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
