Wife went abroad after filing false 498A and DV Case.
Legal Fighter
(Querist) 16 October 2009
This query is : Resolved
Wife has fled to abroad after filing false 498A and DV case. Now her counsel takes date on one pretext or the other and the cases are not progressing. I want to finish off the cases as soon as possible as I can disapprove all of her false allegations with sufficient proofs.
What should I do so as to conclude the cases as soon as possible? Kindly suggest?
Adv Archana Deshmukh
(Expert) 16 October 2009
You can file an application for speedy trial. speedy trial is the constitutional right of the accused.
joyce
(Expert) 16 October 2009
Domestic Voilance Act is just like summary proceedings and it must be disposed off at the earliest, ur wife filed 498 - A and fled away aboard,intimate ur lawyer to expose this fact in court, if any criminal proceedings are filed aganist the person or is involved in such proceedings then that person cannot move to foreign country, so make discussion on this topic with ur advocate and find remedy.
Sachin Bhatia
(Expert) 17 October 2009
The Protection Of Women From Domestic Violence Act, 2005
12.(5) Application to Magistrate.-
The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.
Legal Fighter
(Querist) 18 October 2009
Joyece Ji, can u pls provide me any such judgment or citation which states that if a person is involved in such proceedings then that person cannot move to foreign country.