Can i fight a 498a case by being away from india?

I am now in USA. I have to go to India to fight the case. And in India, cases are never resolved timely. So, it will go on for more than a year.

Thanks

Now Indian Courts are computerised, you can know the status of all your cases sitting in USA. further, you both might have suffered a lot by filing cases and running around. i think now its the time to sit and relax and enjoy life. think about your children's future. 

if you are not attending the case, ultimately the prosecution may not present the case in an effective manner and it may go in his favour. if it is proved that you have filed false case becoz u might have filed the case only after he had filed divorce case, then court may punish you.

I take liberty  to ask you the following questions to give you effective guidelines and appropriate steps which are to be followed.  Those are namely,-

1. When your husband filed divorce case against you,

2. When you filed sec.498A case against your husband,

3. Whether you are working in USA, if working what is your present salary,

4. Whether you filed any application u/s.125Cr. PC against your husband for maintenance of your children for which they are legally entitled to. If not why?

5. In which court your case is going on? Whether you engaged on your behalf any lawyer to represent you and to take legal steps.

6. Have you given any power of Attorne to any body to take care of your cases. If yes,  what is your relationship with him.

7. Where is your matrimonial address in India.

8. How the differences and mal adjustment was cropped up after a long conjugal life.

At any point of time you can amicable settle the dispute with your husband. But that you can do at any point of time. First try to create pressure on your husband so that you settle the dispute on your terms. For further assistance you may call me. Nikhil Singh Associate, Law Consults 'LawCon House', D-61, East of Kailash New Delhi - 110065 https://www.law-consults.com https://www.lawinc.in +917838078186, +919352444446

My replies to each of your question:

1. When your husband filed divorce case against you,

My husband's lawyer first sent me a email notice alleging illicit relationship. The lawyer sent this email to several other persons other than me and the notice had lot of defamatory statements. This happened on June 29, 2010.

2. When you filed sec.498A case against your husband,

I filed the 498A case based on the email notice I received (because it went to several others including canara bank manager where he requested injunction suit on my Fixed deposits, my friends, etc). I filed the case in 3rd week of July, 2010.

3. Whether you are working in USA, if working what is your present salary,

I am working in USA. Currently my take home is around $5000 per month

4. Whether you filed any application u/s.125Cr. PC against your husband for maintenance of your children for which they are legally entitled to. If not why?

I filed for maintenance in May 2013 after all negotiations have failed and I was not able to raise sufficient money to maintain my three children. There was no progress on this petition and I was not able to find a proper job in India. So, I moved to USA in September, 2013.

5. In which court your case is going on? Whether you engaged on your behalf any lawyer to represent you and to take legal steps.

All the cases are currently going in Family court of Bangalore. I've engaged a lawyer on my behalf and he said he will manage the cases in my absence. He said he will let me know when my presence will be needed.

6. Have you given any power of Attorne to any body to take care of your cases. If yes,  what is your relationship with him.

Yes. I've given GPA to my father.

7. Where is your matrimonial address in India.

Hyderabad

8. How the differences and mal adjustment was cropped up after a long conjugal life.

We moved to US after 2 years of our marriage and lived in USA for 10 years. Our three children were born in USA and are born US citizens. My husband and myself obtained US citizenship. I moved back to India in 2006 with children since we were finding it difficult to raise them in USA. My husband and myself had few petty issues. These got bigger when my husband's brother interfered and from there on, my husband is in complete control of his brother. He does not come forward for any kind of negotiations and the legal cases in India take forever.

@ Vijayalakshmi'

In reply to your queries I opine you as follows :-

Q.no.1. CAN I WITHDRAW THE CASE BY SENDING SOME LEGAL DOCUMENTS OR MY GPA TO THE COURT?

Ans.  iT IS YOU SWEET WILL YOU MAY WITHDRAW YOUR CASE OR MAY NOT.. BUT IF YOU WITHDRAW YOUR CASE YOUR HUSBAND MAY FILE A CASE AGAINST YOU  FOR HARASSMENT BY FALSE ALLEGATION AND DAMAGE AND COMPENSATION.  in fact you shall have to face an adverse situation which may create mental agony.

Q. no.2. IF I DO NOT WITHDRAW AND DO NOT ATTEND THE CASE, WHAT WILL BE THE CONSEQUENCES?

Ans. YOUR CASE WILL BE DISMISSED  FOR NON PROSECUTION. CONSEQUENCES WILL BE AS I REPLIED IN Q.no.1.

Q. no..3. WILL I BE ARRESTED? [IT IS SO UNFAIR FOR INDIAN COURTS TO ACT ON GENUINE 498A CASE AFTER 3.5 YEARS AND EXPECT ME TO TILL SURVIVED.]

Ans. NO YOU WILL NOT BE ARRESTED. THE CAUSE OF PROLONGING A CASE U/S.498A IPC FOR 3.5 YEARS AS ALLEGED ARE DUE TO NUMBER OF CASES OF THIS KIND BEFORE THE COURT AND ADVOCATES OF BOTH PARTIES TAKE TIME VERY OFTEN ON VARIOUS PLEAS.  SOME TIMES PROSECUTION ALSO FOLLOW DELAYING TACTICS..  ONLY COURTS CANNOT BE BLAMED FOR THE DELAY IN DISPOSING CASES.

 

ADVISE :-

Stick to your decision in continuing and proceeding with your case u/s.498A IPC. Instruct your Advocate to file an application to exempt you from attending the court during the course of hearing u/s.498A IPC.

Engage a Senior Counsel as your CONSULTANT and co-ordinate him with your Advocate in records and your father to win your case and arrange for your Video examination at the time of hearing and cross examination and to exempt you from your attendance in the court.

Thanks a lot for your valuable advice. I appreciate your timely advice and help. I'll proceed as you adviced.

Thank you.

@ Vijayalakshmi: While I fully agree with learned senior and respected Advocate Mr. Roy with his detailed opinion and advises on the subject, I would like to add that the 498a is a case prosecuted by state, you are mere witness as a defacto complainant hence your presence in the court for each and every hearing is not at all necessary.  further, your POA agent, i.e., your father cannot depose evidence on your behalf because it was you who was subjected to cruelty so it will be you who has to explain before the court all the incidences accurately, your father will claim innocence to any particular event or all the events, so the prosecution case will be fatal. There are provisions in law for video conferencing of deposition of evidence, you can utilise this option by writing to the court or by your advocate representing properly before the court for this facility.  You can conduct all your cases utilsing this facility sitting at US itself. 

Now to your question rather fear about non-prosecution of 498a, as I told that it is a case by the state (police), so, in the event of your unwillingness to cooperate with the prosecution for the case, you will be losing the case, but there is no such thing in law that you will be arrested for this.  However be in touch with your lawyer for updates.

Thanks much Kalaiselvan. Your suggestion is very good. I'll talk to my advocate. Thanks again.