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Author Topic: 498a case avoid personal appearance for old mother in court  (Read 1211 times)

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Offline koelsanyal

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498a case avoid personal appearance for old mother in court
« on: December 08, 2014, 08:29:37 PM »
Respected Advocates,
my nasty sister in law has filed 498a against my mother and brother my mother cannot appear in court due to ill health and old age. is there any way she can me exempted from court appearances

Offline advkkreddy

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section 317 crpc for non appearance in court
« Reply #1 on: December 08, 2014, 08:32:54 PM »
Since the case is sub judice, your mother and brother have little option but to contest the allegations and the case by appointing a lawyer.

Your mother may, on health grounds, file a petition under Section 317 of the Crpc to dispense with their personal attendance.

If the judge is satisfied that their presence is not necessary in the interest of justice, he may allow them to be represented by a pleader but may, at any subsequent stage, direct that they personally attend the hearing.
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