498a case

Guest (Querist) 11 October 2015 This query is : Resolved
I have filed a 498 A case against my husband because who always tortured me in all the means and I had a threat from him and his family members were planned to leave USA without intimating me..At that situation,I had filed the case against him and then the charge sheet has been filed against him and his parents. Now the trail going on.. Recently I got to know that my father- in- law (accused )left to USA without taking the permission of court while the trial is going on.

My question can I inform this to the judge and can I ask the honourable judge to take necessary action against him.

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Advocate M.Bhadra (Expert) 11 October 2015
You can file a petition for issue of an warrant and impounding of passport of your husband and in-laws in the same court. If the lower court would not pass a specific order then you can approach to the High Court.

Guest (Querist) 11 October 2015
Thank you very much for the reply

Rajendra K Goyal (Expert) 12 October 2015
Whether court has restricted him to leave the country without court permission?

Whether he has sought permission to remain absent on next hearing?

Has he been absent on previous hearings without court permission, if so what was the observation of the court?

Guest (Querist) 12 October 2015
After charge sheet filed against my husband and in laws .my fatherin law has filed a petition under section 482 in the high Court stating that the false complaint has been lodged against him and the points mentioned in the FIR are fake and he was innocent. Then high court stayed all the proceedings in the lower court. Then he went to usa with out intimating anyone for 3 months.after Returning from Usa he started attending the very next proceeding. Is this correct as per the law even though high court stayed the proceedings

Anirudh (Expert) 12 October 2015
When you say he started attending the very next proceeding - which proceeding you are talking about and before which Court?

Guest (Querist) 12 October 2015
In the lower court

Anirudh (Expert) 12 October 2015
You say that all proceedings before the Lower Court are stayed by the High Court.

Then how proceedings will be before the Lower Court?

In any case, there is nothing wrong in his going abroad. He need not take any permission from anybody, so long as there was no restriction by any court on his movement.

Guest (Querist) 12 October 2015
How can an accused person move out of country as whenever he want then without informing the courts. It may be possible that he may get a chance of escaping and he might never come back then what you will say .

Anirudh (Expert) 12 October 2015
You asked a query. It has been answered.
Do not try to cross question here without first knowing the law.

Sudhir Kumar, Advocate (Expert) 12 October 2015
seems repeated

Sudhir Kumar, Advocate (Expert) 12 October 2015
"How can an accused person move out of country as whenever he want then without informing the courts. It may be possible that he may get a chance of escaping and he might never come back then what you will say ."

ask court or the person who left country.

Guest (Expert) 12 October 2015
Unless foreign visit is banned by the court of law or the accused is specifically ordered to leave the country only under intimation to the court, there is nothing unlawful on his/her part, if he leaves the country.

K.S.Srinivas (Expert) 13 October 2015
Well advised by Sri P.S.dhingra.

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