Contempt of court for saving job

Some one must file a contempt. Till then, the court will not know. 

Even if filed, on the date of contempt hearing, be present and just say SORRY. It is only civil contempt and I have not seen any one being penalised for it.  So, do not worry. 

you should have consulted your advocate and forced him to get the approval/permission of court as sson as possible for his abroad trip,.. (the law says that foreign trips are not allowed in some types of cases without permission of court)

well my friend if the court has restricted foreign travel and still the party is going abroad without the permission of court then it is contempt of court.

the judge will know if your have travelled abroad or not.......they are not fools 

and it depends on judge to punish you or not.....may be he will not take any actions,,,,it all depends on how important was your work and reason for goiing abroad.

it seems like your advocate did not did his work properly and it applies to you as well.

because you did not mentioned the charges your friend was charged with and what stage the case is/was.

well anyways whats done is done do not worry about it, consult your lawyer for further proceedings, the query was incomplete and this is the best answer on the basis of facts provided.

hope that helped

why he was on bail.

whether any date fell between his travel abroad.

The bail is for false 498 a, he filed for nullification in march and after 3 days his wife filed 498a. He told the court almost two weeks in advance putting a proper application to travel alongwith company douments that he has to travel or else he will have to pay losses and may lead to termination of job. The court kept adjourning dates and his visa was about to expire. He had to travel and two dates have passed but judge still is adjourning, now the opposite party has filed contempt. What could be done, cos it was a case of saving livlihood.

Kindly advise on the above. Also the lawyer is saying its clearly mentioned that applicant seek prior permission from court which applicant did and the bail says in the event of arrest he should not flee abroad, till now arrest event hasnt occurred so it wouldnt apply. Also chances of arrest warrant is not there as the matter is not in trial court and the applicant is not running from trial as he has appeared in court and infront of poilce for investigation many a times. Its in appellette court i.e sessions court. If such an event arises , the lawyers is saying we will withdram anticipatory bail application as it was applicant who went to court for anticipatory.

Also the lawyer says that its very common for court to not care about applicant job and he cites they can go to higher court citing that application was put forth well in advance with gravel dates and all official documents from comapny stating that failing to travel applicant might have lost his job and had to pay expenses incurred by company to a tune of minimum one lakh.

Kindly advise if the lawyer is correct?

@ AryaVrat

1. Why are you so concerned about your "friend" who is currently facing/contesting a criminal case through his lawyer?

2. Whether the accused has full faith in his advocate or not?

3. Are you aware about the terms imposed by the court while granting bail to your "friend"?

4. What were the circumstances before the Court to restrict abroad visit of the accused/your "friend"?

  If it is your  frirend's query then you are not well informed. One thing your friend (apprently you) need to understand

1. When court (or legal procedure) has forbiddn one to visit abroad without permission the it is mandatory and statutory liability.
2. Command given by a private employer does not override the judicial dictate or statotoruy requirement.
3. Merely filing an application before court is no obligation for the court to dance to his tunes and there is no provision for suo-motto presumed permission.
4. The accused has done a wrong and he is at mercy of court and nothing more than unconditional apology can save him.

repeated

https://www.lawyersclubindia.com/forum/details.asp?mod_id=118890&offset=2#.VVarrPCupVI

repeated

https://www.lawyersclubindia.com/forum/details.asp?mod_id=118889&offset=1

To all esteemed experts, I really thank ypu from the core of heart. Here is more info as asked by learned counsel:

1. Why are you so concerned about your "friend" who is currently facing/contesting a criminal case through his lawyer?

Ans: Sir Cos that is me and I cannot disclose to anyone regarding the fact that I have already travelled to save my job as visa was expiring on may mid and court kept of giving dates knowing it was expiring and if I had not travelled I will have lost job.

2. Whether the accused has full faith in his advocate or not?
Ans: YEs, I have full faith in him but till now nothing has gone my way. When I told him in first week of April to seek permission, he said instead of two weeks if he had a month he would definitely have got permission , it has been been one and half months and due to job - I had to travel. NExt hearing is in June first week.
3. Are you aware about the terms imposed by the court while granting bail to your "friend"?
Ans: Bail has been granted ith solvent of fifteen thousand on event of arrest on following conditions:
a. should not flee justice
b. should cooperate with police investigation
c. should not induce and tamper with evidences, witnesses
d. should not leave jurisdiction of court with out seeking prior permission of court.

4. What were the circumstances before the Court to restrict abroad visit of the accused/your "friend"?
Ans: Nothing, the opposite party knew that my job needs me to trvael as its a client facing role and they asked court to include that condition and the judge did.

Nullifcation petition was filed in march second week and immediately after three days she filed a false 498a and included my father who in life has never met or talked to this girl. Also never been to the place where she filed a case.

ha swife reacted on this wisit.

She has filed an application for contempt. She doesnt have any proof but she will ask my company eventually as I havent appeared in last two hearings cos of being abroad and on based of that has forwarded an application for contempt. the next hearing is in june first week.

She has filed an application for contempt.

well expected.  it just cannot happen that you violate a condition, do some illegal action and adverse party keeps looking on

She doesnt have any proof but she will ask my company

why do you think that proof cannot be generated without asking your company.  immigaration authroities can be compelled to disclose facts under RTI. Court can call upon you to produce passport.

eventually as I havent appeared in last two hearings cos of being abroad and on based of that has forwarded an application for contempt. the next hearing is in june first week.

are you sure that bail has not been cancelled due to non-appearance.

This is not a serious issue. Like Mr. Sudhir suggested, tender your unconditional apology. Your attorney must take care of it.  Also, verify if your bail is still in vogue.