AI Overview...
- Respondent Not Coming to Court - Main points and insights:
- Several cases indicate that respondents (wives or husbands) often do not appear in court for proceedings under Section 125 CrPC or DV matters, leading to adjournments or dismissals. For example, in Parmeshwardin Patel VS Snehlata - Madhya Pradesh, the court noted that the respondent's counsel could not appear, affecting the case's progress.
- Non-appearance can result in ex parte decisions or the court proceeding based on available evidence, as seen in Hem Raj VS Urmila Devi - Crimes and MOHAMMAD YUNUS VS SHABBIRAN - Delhi.
- In some instances, the absence of the respondent hampers the court's ability to examine evidence or conduct a fair trial, but courts may proceed if the petitioner provides sufficient evidence or if the respondent's absence is unexcused (Awadhesh Singh VS Baby Singh - Jharkhand, Malleshwaramma VS G. S. Srinivasulu - Current Civil Cases).
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The courts emphasize the importance of the respondent's presence for proper adjudication but also recognize that proceedings can continue in their absence, especially in civil matters like maintenance under Section 125 CrPC (Shaik Mahaboob Bee VS State of A. P. - Crimes, MOHAMMAD YUNUS VS SHABBIRAN - Delhi).
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Analysis and Conclusion:
- Non-appearance by respondents is a common issue in maintenance and DV cases, often leading courts to decide based on the evidence presented ex parte.
- Courts generally prefer the respondent's presence for a fair hearing but are equipped to proceed in their absence to prevent undue delays.
- The legal framework under CrPC allows for cases to be decided even if the respondent does not appear, provided the petitioner substantively proves their case.
- It is crucial for respondents to be aware that their absence may adversely affect their defense, and courts may pass orders based on available evidence or ex parte.
References: - Parmeshwardin Patel VS Snehlata - Madhya Pradesh, Hem Raj VS Urmila Devi - Crimes, MOHAMMAD YUNUS VS SHABBIRAN - Delhi, Awadhesh Singh VS Baby Singh - Jharkhand, Malleshwaramma VS G. S. Srinivasulu - Current Civil Cases, Shaik Mahaboob Bee VS State of A. P. - Crimes, Ritu Sethi VS Vivek Sethi - Delhi
Search Results for "Respondent Not Come in Court for Neither Dv Matter nor 125 Crpc"
2017 0 Supreme(Jhk) 482 • India - Jharkhand
H.C.MISHRA, ANANDA SEN
wife that she used to quarrel with them or assault them could not be proved – Neither any medical prescription was adduced in evidence ... 1955 – Section 31(I) (i-a), (i-b) and (iii) – Divorce – Cruelty and desertion and mental disorder of wife – Allegation against respondent ... nor any medical practitioner was examined by petitioner-husband to prove fact that respondent-wife was suffering from any mental ... We have not entered into the question raised by the respondent in the interl....
2003 0 Supreme(MP) 1230 • India - Madhya Pradesh
K.K.LAHOTI
come to the notice of the applicant‘s counsel so the counsel could not appear before another Bench where the matter was relisted ... The revision was filed against an order of maintenance under section 125 CrPC, which is quasi civil matter, and cannot be dealt with ... By order dated 10.5.1995, this Court recalled the order dated 8.8.1994 passed in Criminal Revision No. 595/90 and did not review ... counsel so the counsel could not ....
• India - Crimes
P.K.Saikia
of the respondent in proceedings aforesaid. ... No. 1, therefore, cannot claim a benefit, so made available under a provision of Section 125 CrPC, she not being natural mother ... deceased husband under die in harness scheme—Family Court dismissed petition as not maintainable—Revision—Whether mother-in-law was ... But same was not done which is forceful testimony to the fact that in enacting Section 125 of the CrPC, the legislatures....
1995 0 Supreme(Cal) 170 • India - Calcutta
N.K.BHATTACHARYYA
under Section 125(4) CrPC. ... MAINTENANCE - SECTION 125 CRPC - SECTION 125(4) CRPC - MAINTENANCE AWARDED TO WIFE - HUSBAND'S CONTENTION THAT WIFE LEFT MATRIMONIAL ... Finding of the Court: The revision court held that the trial court had come to a finding of fact that the husband had ... Some times the learned Advocate made himself absent when the matter was called on. ... That is a question of....
• India - Crimes
M.SRINIVASAN
u/s 125 Cr. ... Criminal Procedure Code, 1973 - Sections 125, 127(2) - Claim of maintenance by wife - Civil Court. decree for restitution of conjugal ... rights against wife holding that wife had no just or reasonable cause to withdraw her society from husband she had not pleaded any ... Such contention is not available to the 1st respondent in this proceeding as even the Civil Court found that the same was not es....
• India - Andhra Pradesh
B.SUBHASHAN REDDY
The petitioner contended that the 1st respondent was not at all his wife and that he did not beget any children through her. ... The High Court in exercise of its inherent powers under Section 482 Cr.P.C. can grant relief to a non-applicant (respondent) even ... (respondent) even if the said non-applicant did not challenge the adverse finding/observation rendered by its inferior criminal ... The petitioner contended that the1st respondent#H....
• India - Crimes
L.NARASIMHA REDDY
for realisation of maintenance arrears & recorded finding that petitioner stood divorced by 2nd respondent Revision by wife - Executing ... Criminal Procedure Code, 1973 - Sections 125(3) & 127 - Order granting maintenance at Rs. 700/ p.m. with effect from July, 2000 ... Court could not have gone beyond the order under execution - Observation about divorce was not only uncalled for but was also not ... The court dealing with an application under su....
1997 0 Supreme(Del) 695 • India - Delhi
K.N.POPLI
of impugned order — Petitioner contended respondent being divorcee not entitled to — Trial Court has no jurisdiction — Objection ... of divorcee woman cannot be gone into at this stage — Evidence is yet to come — Letters written to respondent come back as undelivered ... Criminal Procedure Code 1973 - "Section 125 — Interim maintenance — Grant of — Muslim woman — Entitlement of maintenance — Trial ... The petitioner is not the wife ....
• India - Current Civil Cases
T.SUNIL CHOWDARY
of wife and husband was sine qua non to file petition u/s 125 CrPC—Applicant-respondent himself had earlier got criminal case filed ... In order to constitute a valid marriage, neither of the partiesif they are Hindusshall have a spouse living at the time of marriage ... is entitled to claim maintenance from the petitioner by filing petition under Section 125 Cr.P.C or not. ... The crux of the matter always is whether the party claiming maintenance h....
2021 0 Supreme(Del) 722 • India - Delhi
ANU MALHOTRA
enhanced to Rs.35,000/- per month which amount of enhanced maintenance is directed to be paid to ‘R’, the petitioner of Crl.Rev.P. by respondent ... of Cr.P.C., 1973, had sought maintenance from ‘V’, filed which was assigned to Principal Judge Family Court concerned for vide which ... Criminal Procedure Code, 1973 - Section 125 - Indian Penal Code, 1860 - Section 498A and 406 - Hindu Marriage ... and realistic and should avoid either of the two extremes, i.e., the maintenance awarded t....
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