Legal Question in Family Law in India
My wife filed a false 498A case for extorting a huge amount of money and quick divorce. While we are working on our defense and try to face the legal terrorism, we came to know that, she filed a maintenance case (mostly under CrPc 125).
Can anybody please clarify.
In case if the court summons or we receive any notice,
Is it mandatory to attend the proceedings of maintenance case in person or can be done through power of attorney (lawyer/family member)?
As far as I know, the maintenance case was filed in a Judicial Magistrate's court and not family court.
Thanking you in advance.
2 Answers from Attorneys
the maintenance proceedings can be attended by any power of attorney holder and even by a lawyer. in family court, the maintenance is filed u/s 24 of hindu marriage act and in JM s court, it is u/s 125 of crpc.
it is a criminal case S125 of criminal procedure code. you may apply to the court for exemption from personal appearance. If you receive notice /summons and you don't appear the magistrate can issue warrant.
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