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Rajesh (SE)     08 November 2012

Can someone goes abroad while 498a is pending

hi

can someone goes abroad if 498A is pending .what is the procedure .



Learning

 6 Replies

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
PO status quashed. It is simple procedure and appointed pleader can do the job for you. And now what happens is that State HC quashes – set asides the PO status Order of lower Court but states in its last line of the order “………accused is required to appear before the court and ld. Court can proceed in accordance with law” Now re-read this generic line of almost all State HC’s in quashing S. 82 CrPC PO status in matrimonial cases it is tricky for interpretation of a normal ld. Magistrate when HC Order gets transmitted with free copy to IO lekin apka kaam toh chal raha hai na, hai ki nahi J.

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


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