Few clarifications needed regarding court proceedings & DVC
24-May-2025 (In Divorce Law)
1. can we take hearings online in dvc case if abroad job.
2. can we change vakalat lawer if not satisfied with service.
S Gunasekar advocate answer
Here are the answers to your questions:
1. Online Hearings in DVC Case (Domestic Violence Case) if Abroad for Job:
Yes, it is possible to attend DVC case hearings online (via video conferencing) if you're abroad for a job, but it depends on the discretion of the court.
You or your lawyer must submit a formal application to the court requesting permission for virtual hearings, explaining your employment abroad and inability to attend in person.
The court may allow it, especially if your presence is not required for cross-examination or evidence recording at that stage.
2. Changing Vakalatnama Lawyer if Not Satisfied:
Yes, you can change your lawyer at any time if you are not satisfied with their service.
To do this:
You need to revoke the earlier Vakalatnama (inform the court and the old lawyer).
Then, submit a new Vakalatnama with the new lawyer's details.
It's a simple and common process.
Let me know if you need help drafting an application or revocation notice.
1. In a Domestic Violence (DVC) case, courts in India have increasingly permitted online hearings, especially when a party resides abroad for employment. You must submit a petition for exemption from personal appearance under Section 205 CrPC - 228 BNSS or a suitable application before the Magistrate, explaining your job abroad and seeking permission to attend through video conferencing. Courts generally allow this, particularly if your presence is not required for evidence or cross-examination at that stage.
2. Yes, you have full legal right to change your lawyer at any stage. You can revoke the current Vakalatnama and file a new one through another advocate of your choice. If any issues arise in the transition—like refusal to hand over documents—we can assist in resolving that legally.
Our office offers expert representation in DVC cases and smooth transition support, including filing necessary applications to protect your rights and maintain the case timeline effectively.
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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