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helpcase   26 November 2017

Got arrested under 498a & 506(1)ipc plus maintenece case

1).I m an indian citizen,i work overseas,My wife locally filed a case and FIR was charged under 498A and 506(1)IPC. i got arrested under LOCwhen landing in airport and remanded to judical custody. and come out of bail.and from high court i got condition relaxed not sign anymore from high court.
inside the case was along with me my parents and brother too.
My parents gets bail and signed for one year in lower court.My brother also charged under same case.he still in overseas.didnt reach india.

2)my wife had filed another maintenance case too.demanding 1lakh permonth.i got 2year old daughter.who stays with wife.my wife working in local india earn 10,000 RM permonth salary.

3) Since i m working in overseas already more than one month here, i need to return to overseas to save my job,my all my debts to pay..i been beaten in jail in india.

4)local lawyer is suggesting to run the case in session court where me and family had to appear personally for every15 days to appear for vaida.then to take for trial.

5)My question is whats the fastest way to proceed with the court proceedings.as my lawyer demanding expensive money everytime.and i need to leave the country.
can i get stay or shift the case to highcourt? how long it takes?

6)how can i get the issued LOC cancelled?

7)my wife is talking(not confirm) for mutal settlement of demanding 30lakhs. 
again my lawyer says even mutal agreement signed we still need to go to lower court to proceedings for vaida for at least 4 months.

8)what is the best solution for me to get out.myself and our whole family mentally tortured.
can i go to highcourt to get stay so that not to proceed with lower court?
can anyone helpme to run the case?
you can reach me via email  helpcase@hotmail.com

we looking for best possible lawyer to engage..



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 1 Replies

Vijay Raj Mahajan (Advocate)     26 November 2017

Firstly you guys never expose your real identity, nor disclose in which city/state your criminal/civil case(s) are running. The criminal courts in India do allow the NRIs who have obtained regular bail and give undertaking to appear in future when are ordered to be present in person and who are working outside India to travel and continue their job outside India while their lawyers who has their vakaltnamma can appear in the court for various court case proceedings.

Your lawyer need to seek permission from the trail court for your leaving India as he will be attending court case dates on your absence. Your undertaking for personal presence on the date when the charge have to be framed and your statement under section 313 Cr.P.C has to be recorded and final order of the  court to be pronounced will be required. Your lawyer will file exemption from personal presence application each time you are not present in person that will be allowed by the trail court.

Now where is the trouble if you got lawyers to handle the case like this. Either you are not paying them properly that they are making excuses or they are not competent enough to handle the matter like this.

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