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Exemption

This document is an application filed in court requesting exemption from personal appearance for three defendants (a mother-in-law, brother-in-law, and sister-in-law) in a criminal case involving charges of dowry harassment. The application argues that the Supreme Court has acknowledged misuse of such laws and permitted video conferencing. It states that the defendants are willing to appear by video or have the husband appear on their behalf, and that their absence will not prejudice the complainant or trial. The application requests exemption from personal appearance for the defendants during trial proceedings.

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60 views3 pages

Exemption

This document is an application filed in court requesting exemption from personal appearance for three defendants (a mother-in-law, brother-in-law, and sister-in-law) in a criminal case involving charges of dowry harassment. The application argues that the Supreme Court has acknowledged misuse of such laws and permitted video conferencing. It states that the defendants are willing to appear by video or have the husband appear on their behalf, and that their absence will not prejudice the complainant or trial. The application requests exemption from personal appearance for the defendants during trial proceedings.

Uploaded by

amarvirsingha01
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF { name of judge}

In the matter of:-


STATE {Name of State}
VERSUS
{Husband’s name} & And./ Others.
Application to Exemption from Personal Appearance .
..COMPLAINENT FIR NO. XX/ XXXX PS: {Name of Police Station} U/ S
498A/ 406/ {any other}/34 IPC APPLICATION ON BEHALF OF
DEFFENDENTS XXXXXXXXXXX, XXXXXXX, XXXXXXXXX FOR EXEMPTION
OF PERSONAL PRESENCE IN THE ABOVE MENTIONED CASE. Most
respectfully showed:-

1. That the above noted matter is pending trial in this Hon’ble Court and
fixed for {N.D.O.H.}
2. That the complainant MS. XXXXXXXX D/O XXXXXXXXXXXXXXX R/O
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX has instituted above noted
proceedings.
3. That the complainant has instituted the present proceedings out of
malice, ill will, personal vendetta, grudge and to teach a lesson to the
deffendent and entire proceedings is sheer misused and abused of
process of law and the same has been instituted with ulterior and
oblique motive.
4. That this is to bring to your kind notice that on 27th July, 2017,
Supreme Court provided guidelines for handling of matrimonial
complaints especially related to IPC 498A and dowry harassment in its
landmark judgment titled Rajesh Sharma & Others. v. State of U.P. &
And. [2017 AIOL 3631]
5. That in the said judgment, acknowledging the misuse of IPC 498A and
other dowry harassment related laws by disgruntled wives, SC opined
that “Personal appearance of all family members and particularly
outstation members may not be required and the trial court ought to
grant exemption from personal appearance or permit appearance by
video conferencing without adversely affecting progress of the trial.”
6. That the complainent/ deffendent No. 1 is Mother-in-law of the
complainant and is of old age and is currently residing at ___________
and is suffering from _________ and there a lot of harassment is caused
to her for travelling to this Hon’ble Court time and again.
7. That the complainent/ deffendent No. 2 is Brother-in-law of the
complainant and is working and has to take leaves for travelling to this
Hon’ble Court time and again.
8. That the complainent/ deffendent No. 3 is Sister-in-law of the
complainant and is a young mother and is currently residing at
___________ and the education and upkeep of the children suffer from
her travel to this Hon’ble Court time and again.
9. That the deffendents have no objection, if the trail is run through the
counsel in the presence of complainent no. 1 who is the husband of the
complainant or in the alternate the complainent is willing to attend the
court proceedings via Video Conferencing.
10. That no prejudice is going to cause to the Complainant, if the trial is
run in-absentia of the above deffendents/ complainent.
11. That if the present application is not allowed, then the deffendents
shall suffer irreparable loss and injury which cannot be compensated in
terms of money and no useful purpose would be served by making
them attend to every court date.
12. That the deffendent shall appear before this Hon'ble Court as and
whenever this Hon'ble Court direct the deffendents to do so or at the
time of recording of statement of complainent u/s 313 CrPC or at the
time of deliverance of judgment in the above matter.
13. That the deffendents shall not misuse and abuse the liberty of
concession and privileges confirmed by this Hon'ble Court.
14. That the deffendents are ready to abide by any condition laid down
by this Hon'ble Court .
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may
kindly be pleased to:
a. Allow the deffendents be exempted from personal presence on all
dates of the trial for the time being.
b. Pass any other order which this Hon'ble Court deem fit and proper
under the abovesaid facts and circumstances of the case. {Place}.

Deffendents DATED

THROUGH Counsel

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