Givemeabreak (business) 26 August 2015

Nri 498a trial

Dear members,

My wife has filed 498A and DV act 3 and 4 cases on me and three of my other family members. Finally after 3 years and 8 months the case has come to the stage where our examination was done two weeks ago. From my wife side including her there are 6 witnesses that nned to be cross examined which is due to start with in a week. I am an NRI and I have come to India 3 weeks ago for the sake of examination.

My questions are:

Do myself (A1) and rest of the accused A2-A4 need to appear in front of the court during the time of cross examination of LW1 to LW6? Or is there any way atleast I can get exempt from appearing infront of the court while A2-A4 will attend?

Since its very likely to happen that they (L1-L6) will make excuses to come for cross examination so that I will held up in India for long subsequently it could effect my job abroad.

Looking forward for any suggestions

Reply Follow

5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 27 August 2015

Sir,

Your lawyer's presence will work on your behalf provided he will seek the permanent exemption on your behalf and the reason of your going outside India should be a convincing one.

Warm Regards

Kapil Chandna Advocate

9899011450

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 August 2015

You can get permanent exemption by making petition U/S 205 CrPC.

Stay abroad. You are safe there. No law can bring you back.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

SAINATH DEVALLA (LEGAL CONSULTANT) 27 August 2015

The presence of the accused is not mandatory when the complainant is being cross examined. If UR lawyer is reliable and competent he can conduct the cross examination.Once Ur cross is over, U can give a POA to any of UR trusted relatives or friends,to appear on Ur behalf.But that has to be approved by the Indian Embassy in the country U R staying,and duly attested.Then only it will be accepted by the court.

Givemeabreak (business) 27 August 2015

Dear all,

I really appreciate all your inputs. Despite of having a busy life you have taken out your time to read the quaries here and write a reply to them. Especially@'Rocky Smith' I have been following your posts.

I thought I will briefly explain my whole case and current situation so that I can get me some more valuable suggestions.

I am an NRI

Got married in Nov 2009

498A, DV 3&4 Cases filed on me(A1) to A4 on 24/11/2011

All of us are on bail now.
A maintainance case was filed on 20/12/2012 claiming 20,000 Rs per month.
As the evidences from my side I have submitted a video evidence in the court showing that she is working in a bank at that time. In oct 2014 order was passed in MC saying that I should be paying 2,000 Rs per month. But my wife did not file any execution petition accepting or contesting that order until now. Hence I didn't pay any maintainance yet ( My question is I am ready to pay but to whom I should pay)

On 23rd March 2015 my wife filed a divorce petition in a different court mentioning that despite of the court order I havent payed her any maintainance. For that petition I haven't filed a counter yet.
On 3rd Aug 2015 Examination for A1-A4 was done in regards to the criminal cases and the trial is yet to begin on 31st Aug.

Lately my wife's family approached us and demanded for 30lakhs and said they will with draw all the cases. In response I refused to give them a penny and said I will fight the case.

What I want from the whole situation is Obviously, I want to be free from all this but definitely I don't want to givein into the extortion and give them any money.

I am ready to fight the case, I am not in a rush to get married right now. Since its high time in the case(498A), I can bare the pain to come to India every 2-3 months for a week or so if necessary. As long as I don't have to spend here for months and months.

What reasons court will usually accept as good enough to make it a speedy trial?

How long normally a speedy trial will take to finish?

What reasons are considered to be good enough to present if I am seeking for excemption of my presence during trial?
In regards to divorce I am happy if its prolonged until the criminal case is existing. Because I dont want her to be free while I am stuck with the cases.

whats are the best possible options I have leagally?

Sorry if I have sounded ignorant above, its none other than lack of my knowledge in this subject.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 31 August 2015

Since she already filed divorce you should file a stay aside petition with no objection on divorce.

Stay abroad, you are safe there. No law can bring you back. Make any of your friend and/or family member as your council and file quashing with speedy trial in HC. File petition u/s 205 for permanent exemption by showing your job condition. Please don't disclose your passport and visa details to anybody. Not even your lawyer.

Ground of Speedy Trial. -

a) Personal liberty cannot be deprived as per Article 21 of Indian Constitution for slithering trial.

b) Read sec. 21-B of HMA and 40-B of SMA, under these trial courts has special power to dispose of any trial within 6 months since 498A is considered a matrimony related trial.

c) Under 483 CrPC High Court has special superintendent power over trial court to dispose a trial expediently.