498A and permission to go abroad
Gaurav Nanda
(Querist) 18 March 2010
This query is : Resolved
This is a case of my uncle who is 58 and works in merchant navy and has to go on high seas for job.
A case started against my uncle in Tis Hazari Delhi magistrate court about 10 years back of 498A and 406 and he took bail........then in these 10 years nothing happend but just few months back the stage of being charge by the court came and the magistrate seeing it a family matter send the case to mediation cell. Now here his wife is making huge unreasonable demands.....and my uncle is in no mood to bow to those demands.
Now his wife is threating him that if you dont follow my demands then i will say in mediation court that i dont want any settlement and as a result the case will go back to magistrate court for charge and then trial. As a result the judge will ask him to face trial and will not allow him to go abroad for his job. His wife said that even she herself will oppose him going on high seas in court.
NOTE - The nature of his job is that he goes on contract on high seas for about 4 months and comes back to India on leave of about 3 months then again he goes on contract on high seas for 4 months and comes back to India on leave of 3 months and so on. All these 10 years he went on his job and attended court dates when he was on leave.
No my question to is there any procedure, any provisions of law through which he can continue to go on his job (abroad) and attend court dates when he is on leave.
I have read in newspaper that film stars like Sanjay Dutt continues to go abroad after taking permission from court for shooting of his movies as it is part of his job...Can my uncle also get permission and if yes then what is the procedure of such permission and from where it is obtained district courts or High court...please throw some light on it.
Raj Kumar Makkad
(Expert) 18 March 2010
This is procedural law and your uncle shall also receive similar treatment from legal mechinary/law as of the case of Sanjay Dutt etc. as you mentioned in your quarry.
Your uncle can seek court permission and can attend his regular job as per its nature.
Guest
(Expert) 19 March 2010
He can move application for permanent exemption due to nature of his job and seek permission to go abroad from the Magistrate's court, where the matter is pending. If he does not get relief, he can move the session's court and later on High Court.
