Originally posted by :Tajobsindia |
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@ Author
1. In S. 125 CrPC only during evidence stage defendend husband as is the case physical presence is required in Court. Your ld. Advocate can very well file on very first date "Exemption Application for personal appearance due to medical or business or job etc. reasons" There are several Guj. HC orders to that effectand even SC also says so.
2. S. 125 crPC is civil maint. case and even an Application under S. 151 CPC is valid for above purpose as per SC guidelines / views of various HC.
Few Student writers must note and catch up on subject matter on recent interpretations of S. 125 CrPC (physical presence of defendent husband on court dates when represented by a ld. Advocate case scenarios) and their say here is just to scare you / biased views since wife is asking for maint. and here a husband is at receiving end !
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Dear Sir, thanx for ur citations from the books of law. But in real life the scenario is totally different.
And for Mr. Gandhi, no one is here to scare u or so as said in the above post. We r just sugesting u get a better foothold in the court. In my cases I have seen it myself. The Magistrates themselves give favour to me.
I myself is also defending a Cr.PC 125, a DV, IPC 498a, three at a time. And I can tell u one thing again and again, be in the front and fight the evil.
And the best of the presence of urs in the court is non delay of the case procedure.........if a client is present in the court...no lawyer can un duely take advantage of lingering the case. I am lucky that my lawyer asks me to be present on the dates and see myself what is happening.