What will happen if spouse left the country after filing cases

No need to take any permission from courts to go abroad. The public prosecutor will lookafter the proceedings of the court. Defendent must attend whenever court summons.

No further views can be expressed on given facts.

File a writ of mandamus in the appropriate high court to order the lower court to insist on the prosecutrix to appear before the court and do what is required.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech.]

File a writ of mandamus in the appropriate high court to order the lower court to insist on the prosecutrix to appear before the court and do what is required.

There is no such provision at all.  Do not end up wasting money and time on such adventures.

The complaintnat has to be present in court whyen summoned as a wtiness.

By Sudhir Kumar Advocate:

"There is no such provision at all.  Do not end up wasting money and time on such adventures. The complaintnat has to be present in court whyen summoned as a wtiness."

 

Where is no question of any "provision".   'Writ'  itself is a provision under the Constitution. Which is the section of which law, or any court judgment to substantiate? Cannot the defendant demand to know where the prosecutrix is?

"The complaintnat has to be present in court whyen summoned as a wtiness."

Here the complainant is sitting in Australia and not attending the court.

Accused also have rights under modern jurisprudence. It cannot be that he has to be unresonably and indefinitely tethered to the court according to the whims and fancies of the prosecution and complainant. He cannot go abroad or even out-of-station.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech.]

By Sudhir Kumar Advocate:"There is no such provision at all.  Do not end up wasting money and time on such adventures. The complaintnat has to be present in court whyen summoned as a wtiness." Where is no question of any "provision".   'Writ'  itself is a provision under the Constitution. Which is the section of which law, or any court judgment to substantiate? Cannot the defendant demand to know where the prosecutrix is?"The complaintnat has to be present in court whyen summoned as a wtiness."Here the complainant is sitting in Australia and not attending the court.Accused also have rights under modern jurisprudence. It cannot be that he has to be unresonably and indefinitely tethered to the court according to the whims and fancies of the prosecution and complainant. He cannot go abroad or even out-of-station. 

Sorry. 

The complainant is not under obligation to remain in India or to attend court on each day. 

The complainat is under pbligation to attend court only on the day when she is summoned as a witness.

No apperance of complainat as witness is benefitcial to the accused.

Writ "Mandamus" is a command given to public authority to perform his duty.  In this case no public authroity has any duty whatsoever to curtail complainant's visit abroad. 

He can at the most file such writ for speedy disposal of the case. Complainant's non-availability for long duration cannot be held to be fault of accused.

By Sudhir Kumar, Advocate

"He can at the most file such writ for speedy disposal of the case. Complainant's non-availability for long duration cannot be held to be fault of accused."

This is what exactly I meant. The accused can file a writ to order the lower court for speedy disposal of the case. From what the accused has said here, one has to presume that for almost one year the accused is summoned to the court, but on each occasion the prosecution asks for adjournment saying that the complainant was not available. Prayer to the High Court under the writ should be to order the lower court to expedite the case. If the repeated adjournments are due the absence of the complainant for a very long period, then the lower court should not again and again give adjourment. The accused also has right for justice and speedy disposal of case against him.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech.]

By Sudhir Kumar, Advocate"He can at the most file such writ for speedy disposal of the case. Complainant's non-availability for long duration cannot be held to be fault of accused."This is what exactly I meant. The accused can file a writ to order the lower court for speedy disposal of the case. From what the accused has said here, one has to presume that for almost one year the accused is summoned to the court, but on each occasion the prosecution asks for adjournment saying that the complainant was not available. Prayer to the High Court under the writ should be to order the lower court to expedite the case. If the repeated adjournments are due the absence of the complainant for a very long period, then the lower court should not again and again give adjourment. The accused also has right for justice and speedy disposal of case against him.

you said

"File a writ of mandamus in the appropriate high court to order the lower court to insist on the prosecutrix to appear before the court and do what is required."

There is no suh provision.  It is for the police to arrange for whereabouts of the complainant to ensure her evidence.  If she doe snot come then accused is benefitted by lack of evidence.

After all, that was what I meant. If the case is being delayed due to prolonged absence of the complainant from appearance before the court and magistrate giving adjourment after adjournmnet, the accused can pray to the court not to give repeated adjournment. If the magistrate does not listen, the accused can get a writ from the high court to order the magitrate to expedite the case. The magistrate can do it by giving an adjourned date and telling the prosecution that if  the witness does not appear on that date, the case will be dismissed.

So there is no provision to compell complainant to attend all rpoceedings.  However delay in finalisation can be agitated, if caused due to her absence.

Originally posted by : Glenn Jackson

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no elgal issue stated.

Post by Adv Sudhir Kumar

Sudhir Kumar, Advocate (Advocate)     05 January 2023 So there is no provision to compell complainant to attend all rpoceedings.  However delay in finalisation can be agitated, if caused due to her absence.

I repeat " The writ of mandamus is to order the lower court to expedite the case.  The lower court magistrate should tell  the lawyer of the complainant that if the complainant repeatly fails to appear before the court, the case will be dismissed "

Wht is now proposed or the querist by Dr Ramani?

shourld the person follow :-

"File a writ of mandamus in the appropriate high court to order the lower court to insist on the prosecutrix to appear before the court"

or the person should follow his lates advised

"The writ of mandamus is to order the lower court to expedite the case"
 

Originally posted by Adv.Sudhir Kumar:

"There is no such provision at all.  Do not end up wasting money and time on such adventures.

Now posted by Adv. Sudhir Kumar

"The writ of mandamus is to order the lower court to expedite the case"

So a writ of mandamus can be filed. It is not a waste of money or a mis-adventure.