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dino (u.k.)     19 July 2011

498a

could anyone enlighten me the procedure how to not get passport impounded while travelling to india to attend court in 498a case. also what happens if power of attorney is given to father in divorce case & 498a case ? do i still need to attend at any point?



Learning

 3 Replies

Saurabh..V (Law Consultant)     19 July 2011

@Author

 

In any criminal case rather court case, both the parties are required to be present so that a fair trial can be held. Moreover in a criminal trial the accused/respondent is requried to assure safety/security to the complainant.

 

If your case has substance and you have material to show to the court that you are innocent and your wife has filed the case on frivulous grounds with ulterior objectives, then, you can seek anticipatory bail. Once granted you can fly to India any time you want.

 

Power of attorney does not displace your physical presence. So you shoudl seek exemption from personal appearance due to inter-continental distance.

 

//peace

/Saurabh..V

KAUSIK MUKHERJEE (SELF)     19 July 2011

its a criminal case you have to get with the leave of permission of the Court  to execute Power of Attorney or any  other documents.

KAUSIK MUKHERJEE (SELF)     19 July 2011

Apply to high court  that the matter is errlivant have no chance to  498A


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