Accused went abroad
askar
(Querist) 20 April 2015
This query is : Resolved
I had filed case under 340 againt ex-wife after my 498a acquital. Court send summons then warrent to her as per my requst. But she escaped to abroad.
1. How can I get her passport details
2. What is the further procedure to bring her back?
M.Sheik Mohammed Ali
(Expert) 20 April 2015
you have to give her address and details and send summons through embassy.
Devajyoti Barman
(Expert) 21 April 2015
Ask the court to issue Red Corner Notice so once she lands in India she will be taken into custody.
Trial may commence in absentia also.
askar
(Querist) 21 April 2015
Thanks Mr.Barman & Mohammed Ali,
What is the procedure to commence the trial in her absence?
To Mr. Mohammed Ali,
Which embassy? Indian Embassy in that country or that countries embassy in India?
Guest
(Expert) 21 April 2015
For what specific purpose the section 340 was invoked?
Guest
(Expert) 21 April 2015
Mr. Askar,
Your subsequent question reveals as if your query is merely an academic query, as I wonder, if your own lawyer has not informed you about the procedure to commence the trial. If not asked, any reson for not asking your lwyer of the process? However, if asked from your own lawyer, can you please discuss, what your own lawyer has informed you about "the procedure to commence the trial in her absence"?
askar
(Querist) 21 April 2015
here I am trying to get a second openion and it is a genuine case
Guest
(Expert) 21 April 2015
Your response as, "here I am trying to get a second openion and it is a genuine case," has no relevance. Where is the first opinion of your own lawyer? If you wanted to get second opinion, you must have discussed about the first opinion of your own lawyer.
Also, where is your reply to my previous question, about "what specific purpose the section 340 was invoked?"
Rajendra K Goyal
(Expert) 21 April 2015
Author, still reply to questions raised by the expert awaited.
"For what specific purpose section 340 was invoked?"
Vijyant Nigam (09807349001)
(Expert) 21 April 2015
Also give the details of your case as it seems to be a rare case of section 498a which is decided in your favor. I want to peruse the judgment of acquittal..
ajay sethi
(Expert) 21 April 2015
agree with Mr barman
SAINATH DEVALLA
(Expert) 21 April 2015
Did she leave the country before filing 340 or after?
I feel U have been misled by your lawyer by filing 340.Better mention how U were acquitted in 498 A, so that we can conclude whether filing 340 is appropriate or not.
askar
(Querist) 21 April 2015
498a was a totally fabricated case against me. The judgement mentioned that the ex wife can't answer any meterial question from my advocate and many time mismach the answers.
Please come back to my questions...
1. How can I get her passport details? From where? How? Procedure please
SAINATH DEVALLA
(Expert) 21 April 2015
Gentleman,
99% of 498A cases are fabricated and U are not an exception.For passport related query this is not the platform.
T. Kalaiselvan, Advocate
(Expert) 30 April 2015
If you dont know how to get her passport details, how do you expect the experts to know it. The passport office will not be able to provide the details. You may first try to get an exparte order in the pending case, however you have not come out with the first opinion so far.
Guest
(Expert) 30 April 2015
Like 498A case, your query also seems to be fabricated and vague, as you have failed for the last 9 days to quote first opinion of your lawyer.
askar
(Querist) 30 April 2015
Mr. Kalaiselvan,
Regarding passport I have her addresses (Permanant and Residence) but I need her passport number.
How can I collect the passport no?
Mr. Dhingra,
Apologies for the delay.
My lawyer advice me that I can get the Arrest warrent by Hand from Court. Then I have to wait until she comeback from abroad. He also says court will not issue lookout notice because this is a private complaint.
If you have any suggessions, please assist me...
Guest
(Expert) 30 April 2015
Frankly speaking I don't find any merits in your case, unless you discuss the background of the case & the exact reason for what purpose you want your wife want back and how that would benefit you when your 498a case is already decided in your favour?
