Is my appearance mandatory even when the situation does not permit? Is my appearance mandatory even when the situation does not permit?

5 years ago

Hello, I am mother of a six year old and moved very recently from United States to India. My child is a US citizen and is still struggling to settle down in the new environment.
The ground floor flat of my house was sold to a party and eventually that person had sold it to another party. This new party has made several illegal constructions blocking my way and sewerage system. Since we started filing complaints against them, they put up a false case against myself and my husband that we have beaten one of them. We are summoned by court to appear on a Saturday. But my child does not want to be alone, as he is still feeling insecured if I am not around. Only exception is the time when he is at school.
Do I have any right as a mother to request court to ask for a different day and a weekday for my appearance, considering the mental situation of my child? If I leave him with someone else will be a trauma for him as he is not used to that.

GANESH SHARMA

Responded 5 years ago

A.Yes move an exemption application before the Hon'ble Court and appear on another day when ur husband can stay with your son moreover do one thing file an injunction suit against the person living on the ground floor to restrict from illegal constructions
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NILANJAN CHATTERJEE

Responded 5 years ago

A.yes ask your advocate to pray before the court for the same.
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Vimlesh Prasad Mishra

Responded 5 years ago

A.The exemption of personal appearance can be prayed through counsel on the grounds and if allowed by the court you may appear on next date other wise you may appeal in High Court to get stay from appearance.
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Your husband may appear and your advocate can exemption for you. Call me.
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Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.U can apply for exemption from personal appearance through counsel and if it is rejected u can approach high court and in the alternative u can request the court for a date convenient to u.
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