Settling form one country(abroad) to another(abroad)being an accused in 498a indian citizen
ruchikaz
(Querist) 15 November 2015
This query is : Resolved
My query is that my husband being an accused in 498a,406(only CHALLAN has been submitted to court)already living abroad on work visa (indian citizen) and shfting from that foreign country to another foreign country without letting know the court.
1. What can i do the best as how is it possible for him to get PCC(police clearance certificate from foreign land being an Indian Citizen ??
2. As now he has moved from one foreign country to another foreign country , he will not pay me maintenance as after the order of maintenance he is telling court that he has left the job from that foreign country and moved to another foreign country for further studies without letting know the court (came to know from some source ).what should i do ?
3.He is also seeking exemption from personal appeanace in HC.if he gets that then he will marry some girl over dere and i will not be able to do anything sitting here .
4.Is dere any way to get him out from foreign land ?
SAINATH DEVALLA
(Expert) 15 November 2015
It is difficult to trace someone who's fled across a border, but couldn't the police issue a warrant through Interpol (which I understand was created to handle circumstances like this)? I don't know about how those work, but I imagine one could at least lead to some clues, since it could draw the attention of the local authorites to him. If he flew into, say, Amsterdam he could then relocate to anywhere in the contiguous EU without leaving a mark on any immigration form. And if he was an EU citizen (which many Americans are), they wouldn't even come looking for him.
The court should issue a loo out notice,but I don't think that would work out.
His parents must be residing here and U must have filed those cases on them also.
I don't think the court will grant him personal exemption from attendence.Had he accepted the summons and present himself during the first motion, then the court if satisfied with his plea basing his profession would have granted him exemption.
Marrying another girl at this stage without divorce will land him in jail.
Devajyoti Barman
(Expert) 15 November 2015
1. If he has already taken bail then you could do nothing on his foreign travel. If he has not taken bail then at the time of taking it you can apply for imposition of restriction on his foreign travel.
2/ His loss of job is no ground to avoid maintenance. The court would surely grant you good maintenance.
3.In which case he is seeking exemption, clarify it.
4.When the trial of 498A and maintenance case would start he shall have to be present in court . SO expedite the trial.
Kumar Doab
(Expert) 15 November 2015
You have posted that:
"after the order of maintenance he is telling court that he has left the job from that foreign country and moved to another foreign country for further studies"
Thus seemingly he has informed the court.
His lawyer must be attending the court till he has to appear in person.
If you have come to know his whereabouts, intentions, you can inform the court.
P. Venu
(Expert) 15 November 2015
Facts, as stated, are confusing. What do you mean by "As now he has moved from one foreign country to another foreign country , he will not pay me maintenance as after the order of maintenance he is telling court that he has left the job from that foreign country and moved to another foreign country for further studies without letting know the court (came to know from some source ).what should i do ?"
AND
"He is also seeking exemption from personal appeanace in HC"?
Apparently, some other proceedings are also going on about which you have not made any mention.
As regards to the alleged offences of 498A and 406, the matter is still under investigation. It is premature at this stage to be concerned about his appearance or no-appearance in the court.
SAINATH DEVALLA
(Expert) 15 November 2015
Kindly answer the doubts raised by the above legal experts.
Rajendra K Goyal
(Expert) 15 November 2015
In the given facts agree with the expert Devajyoti Barman.
K.S.Srinivas
(Expert) 16 November 2015
Agreed with Sri Devajyoti Barman.
ruchikaz
(Querist) 19 November 2015
He has just shifted one foreign country to another foreign country , came to know from some reliable source and he and his counsel didnot disclose or took permission from the Trial court of moving from present foreign country to another foreign country and got Permanent Resident Visa also.
And he has also filed exemption from personal exemption in HC which is still pending there .Hearing is still pending from last 7 months and no further proceedings are going on in Lower court due to pendency of exemption in HC
ruchikaz
(Querist) 19 November 2015
He is seeking exemption for 498a , 406
T. Kalaiselvan, Advocate
(Expert) 21 November 2015
It is clear from your contents that you are interested to some how bring him back to India and languish here so that you can enjoy seeing suffer attending multiple litigation at different courts to satisfy your personal vendetta.
