Lawyer Lawyer1 14 December 2023

498a- appearance for persons living abroad

We have pending 498a case in India. A1, A4 and A5 are living abroad. A2 and A3 are in India. Summon already served for A1-A3. Summon not served yet for A4 and A5. We are planning to attend court hearing in India next month to initiate the case proceedings. Our lawyer said, on the first hearing, the summons will be served for A4 and A5 and immediately he could arrange for one more hearing for questioning in the same week so that we can go back to abroad within a week and he can continue with the case proceedings without our(A1, A4 ad A5) presence. Further he said we need to come to India once he is done with cross questioning the witness. Is there a possibility for us to go back within a week after finishing the initial proceedings? Please advice.

Thanks in advance!

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Quick Summary

This discussion concerns individuals living abroad facing a 498a case in India. The main question is whether it's possible for those living overseas to attend initial court proceedings and then return home within a week. Advice suggests that once a person appears in court for a criminal case, they may need court permission to leave the country to avoid warrant issues. Options like seeking exemption from personal appearance or attending via video conference are mentioned as potential solutions.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 14 December 2023

Once you appeared before court in a criminal case, you may have to obtain permission of court to leave the country, if not your bail will be cancelled and non bailable warrant will be issued