new 498 victim (code developer) 02 June 2014

Remedy

Dear All,

My 498A charge frame has been done by court. crpc 125 cross of wife is going on. divorce case is going on. Now I have got opportunity to go for postdoc in foreign country for one year which may be extended. I have none other than my old father and mother in my home.

Should I go? If I go whether ther other party may harass my parents?

Whether I have to file 205 in court seeking leave from personal appearance for one year in 498A?

How the monthly maintenance I would pay? Can I take also leave from my evidence in crpc 125 for one year?

Waiting for your reply

Thanking you

Reply Follow

4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 June 2014

You can apply to the court for permission to leave the country. The permission letter to be produced in the passport office, so that they permit you to go abroad.Maintenance can pay online banking facility or can send M.O. but keep acknowledgement properly with you for future record.

ANAMIKA VICHARE (LAWYER) 03 June 2014

If there is no condition in the Bail Order then you go without applying andin yr absence yr parents will take exemption from attendance Anamika Vichare further query anamika_vichare@rediffmail.com 9920764088 Advocate, Fmaily Court Purush Hakka Saurakshan Samitte 9920764088

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 03 June 2014

Depends how far the dates are.

You may seek exemption from attending the court dates prior to going or also after you are gone, your lawyer can seek exemptions. The only tricky part is 498a in some states like Haryana and Punjab, where the NBW are issued, even despite the Exemption Application, if prior permission is not sought for going abroad. I am not aware about other states trends in such case, hence listen to your lawyer about when to file exemption application.

Regards,

Shonee Kapoor

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