rani jain (others) 05 June 2020

498 a getting delayed

I was married to NRI from Belgium in 2014. He was v abusive and used to beat me. He sent me back to India in 2014 only and then I file 498A on him and domestic violence too. 498 A case is in Mumbai Metropolitan Magistrates court and pending from 2015. Even charge is not framed yet. Summons are coming back from Belgium and husband is still absconding. PP intentionally giving delayed dates. Please help with situation. I want case to be closed ASAP and husband to be punished

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This discussion concerns a 498A case filed in 2015 against an abusive NRI husband who returned to Belgium. The case is significantly delayed as the husband is absconding and summons are not being served. The court cannot proceed until the accused is present, and serving foreign nationals presents challenges. The user is seeking ways to expedite the closure of the case and ensure the husband faces consequences.

2 Replies

Dr J C Vashista (Advocate) 05 June 2020

Since the accused (husband) has been declared PO (absconder) the case can not proceed further till his physical presence in the Trial (MM Mumbai) Court.

The court will have to proceed as per procedure and not as you wish.

P. Venu (Advocate) 05 June 2020

There are limitations in serving summons, or even warrants, when the accused in a foreign national and presently not ewsiding in our country. Incidentally, where did the alleged offence take place?

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