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Vivek Rana   24 April 2018

court dates

dear sir. on my last court date I was out of country due to my job schedule. so i couldn't attend my last court date in this month and now my next court date in July 23rd.
but my vacation will start from 1st of may to 1st July. 1st of July I hv to come back to work.
in this situation I can not attend the next date. my next vacation will be in September last.
please sir give me some advice.


Learning

 6 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 April 2018

You have not even provided the nature of case, because of which you are required to be present in the court. Is it a criminal case? or Civil case. For the your previous absence, have you been condoned by Court? Having received the Court summons, you did not attend and simply went on a foreign tour? If you had received the Court summons before your embarking upon a foreing tour, you should have prayed before the Court for a fresh date in view of impending foreign visit for a valid reason (not vacation). In case summons were served at the given address in your absence as you were out of the country, you may get a petition filed before court with a copy of your Passport (showing date of departure and date of entry into the country) seeking condonation for not attending as per previous summons.

 

When you need to attend Court, you are required to be in the Court as per the summons. Normally, only on medical grounds with proof a person may be permitted to attend at a later date and case gets adjourned.  Howver, every litigant has to attend Court as per the dates and Courts do not work as per the convenience of the inviduals.  In your case, going on vacation shall not be a valid reason to ask for a different date or adjournment.

 

You may consult your Lawyer representing you in the case and ensure that a proper prayer is filed before the Court in Advance with valid reaons for leaving the country. Kindly note vacation may not be accepted as a valid reason by the Court.

Vivek Rana   25 April 2018

dear sir actually i am working in merchant Navy. for me it's very difficult to attend all dates.
the case is in under family court. it's a sec. 9 and sec. 24.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     26 April 2018

Appear before the Court with your Lawyer and explain the difficulties you are facing in attending the Court. Without informing Court, not attending the Court as per summons is not correct. Ultimately, they may issue non bailable warrant. Therefore, be a good citizen, appear before the Court with your Lawyer and plead before the Court whatever difficulties you have and wait for their decision and follow whatever is advised by Court.  There is no other way.

Vivek Rana   26 April 2018

So can I appear in the court before the date. If yes then what is the procedure.

Vivek Rana   26 April 2018

please advise me.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 April 2018

As already advised, you may please contact your Lawyer and through him approach the Court.  Attending Court with a plea/request, without knowing the procedures to be adopted  while doing so, is dangerous and may be self defeating.  Therefore, you may approach a Lawyer and through him appear before the Court with your request.  If you have not appointed a Lawyer, its time you do.  You cannot fight a case by taking advice from Lawyer's forum.  You need a Lawyer to represent you and advise you.


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