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devesh   07 February 2017

498a personal appearance copulsary for affidavit

Hi I had been accused of 498a,dv,dowry etc. But now after mediation etc, We have decided for MCD. An MOU has been drawn . I am in another city and unable to attend final hearing in HC,when MOU will be put infront of judge for approval with all terms etc. As i couldn't go, i sent the document signed. But now i am being informed that due to some new rules,i have to be compulsarily present to get affidavit done and then attend hearing, but no such mention is there in case status update on HC site (mentioning personal apperance) 1. Pls suggest what to do as it is impossible to reach the place of hearing. 2.can i be denied AB and called on next hearing even though i have genuine reasons.doesnt court understands work pressure especially when matter has almost reached conclusion and MOU document already signed by me. 3. Is there any mention of such a rule on any site etc so that i can check what it exactly says. 4. As one month period is given to surrender in lower court aftrr getting AB and initiate matters in family court for MCD, which i plan to attend,shouldn't that be enough? Pl suggest as matter is due in next 2 days. Thanks


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 2 Replies

P. Venu (Advocate)     08 February 2017

How is that the matter is in the HC?

Sudhir Kumar, Advocate (Advocate)     09 February 2017

Do not risk your absence.  All cities where High Courts are there are well approachable be train bus plane (some by sea as well).


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