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How often do I need to appear in court for a DV case filled by wife


20-Oct-2023 (In Criminal Law)
Respected Sir, I am hindu boy. Belong to bhubaneswar, odisha. It is quite difficult for me to appear for all the cases (even if once in 3-4 months) as getting a leave is a big hurdle for me. Going all the way from Karnataka to Odisha (Chandballi, Bhadrakh) now a challange for me. The cases are : 1 - DV and CrPC125 (Filed by my wife in mid February 2016) 2 - I filed judicial separation case against her in the family court, Bhubaneswar on 1st October 2015 after getting frustrated with her abusive behavior and cruelty. Later my wife requested to move the case to family court, Baleshwar and it got shifted now. But till now I dint appear for Once. Thinking to file a GWA as my kid is 5.5 year old. Kindly suggest. Regards,
Answers (5)

Answer #1
826 votes
At the time of cross-examitation you have to appear. At that point of time, you have to manage your schedule. Otherwise you appoint an advocate to represent you in the Court in rest of the Court Procedures.
Answer #2
584 votes
Just send your vokalatnama to me . As as an advocate I can appear and conduct both the cases on behalf of you . When your appearance is required in the court I will inform you 2 months before. For better suggestion contact with the
Answer #3
862 votes
DV Act case needs appearance in witness cross exam stage rest your lawyer can manage.125 is maintainance finalise it out of the court and pay the amount till Family court verdict,Any case filed against you can be transfered to her home place as per Supreme court Order.
Answer #4
783 votes
As far as the DV case and Section 125 CrPC case is concerned, you can consult your local lawyer in Chandbali, Bhadrak and you try to file an interim application. If the petition of yours is rejected, we will try to challenge it in Orissa High Court and stay the further proceedings in the DV Case and 125 CrPC Case. If further proceedings are stayed, then you need not travel to Chandbali. That is one way out. As far the case at Balasore is concerned, you have to engage a lawyer or otherwise the court may pass an adverse order against you in your absence. As far as the custody case of your child is concerned, taking into account the law in our country, it will be difficult for you to succeed. Instead you can file an application for 'visitation' rights.
Answer #5
902 votes
yes, for ur evidence in the court u need to appear. for rest other days ur advocate can present on behalf of u. If u donot appear the court may pass an ex-party order in the cases filed by her & dismiss the case filed by u due 2 non appearance.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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