hi
can someone goes abroad if 498A is pending .what is the procedure .
Rajesh (SE) 08 November 2012
hi
can someone goes abroad if 498A is pending .what is the procedure .
Tajobsindia (Senior Partner ) 08 November 2012
1. Seek permission from concerned ld. Court by allowing Exemption from personal appearance with assurance of accused appearance during Evidence stage given as undertaking.
Nitish Banka (lawyer) 08 November 2012
yes, after taking permision from court.
ANEESH TRIVEDI (ADVOCATE) (Advocate) 08 November 2012
sir i am not in india and i am false victim of 498a dates are coming my adovacte exending i did not take any permission and all knows i m out of india since last nine monts some time date comes twice in a monts , please give your views over this is this harm ful in future?
Tajobsindia (Senior Partner ) 08 November 2012
@ Aneesh,
See the application of law in smart hands
So far as under S. 82 CrPC PO status is not declared upon facts situation and even so it is not that harmful as you have your genuine reasons to be in overseas country until such time such and such matrimonial cases male litigant(s) remain safe.
Be it so, normally out of frustration (distress) Complainant side files an Application to declare accused person(s) PO status and forced pleadings from APP and IO also follows before bench under S. 82 CrPC but the catch here is that in S. 498a IPC cases r/w S. 406 IPC and even that matter under DP Act and S. 125 CrPC PO status cannot be declared as S. 82 (4) CrPC Bar is there.
But one has to approach State’s HC to get the
Now don’t ask me to reinvent the interpretation more than what is stated in above lines use application of mind and one may read smart lines.
ANEESH TRIVEDI (ADVOCATE) (Advocate) 08 November 2012
@Tajobsindia ok sir i understood but if we to seek perimssion then they put lot of barriars, so i did like that. and when my witness is needed i will produces my self there within the given period of time. thank you sir,
Rahul Kapoor (Legal Enthusiast) 09 November 2012
hello,
ya if there is not any condition on your bail and your passort has not been imponded by police.
but as all other repected members have said take the permission from the court.
regards-
rahul.gogreen@gmail.com