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amit8 (abcdef)     30 March 2013

498a & dv act nri case

I am  a nri staying outside india, My wife has filed a  498a case about 4 years ago and the case has not moved ahead

She also filed dv act case which is in progress now,

in dv act,

she calimed maintenance and before her appreance she filed for interim maintenance , she mentioned that she is not working, i then filed  for crpc91 , to which she replied with her salary sliip  , so her interim maintenance got rejected.

now her cross is over  and she has given different answers than mentioned in her petition and its my turn to deposit my evidence.

1) do i have come to india for evidence depostion ? can POA not do depostion of evidence and can it not be exhibited by poa ? since its dv is a civil case

2) Since 498a is filed as a private complaint , do i need to get AB and mention no arrest and no impoundation of passport if i have to come to india for dv act case

 

3) in dv act, her evidence are not proving much , and she filed dv act after 1 year she left me , recently there was a judgement in bombay high court that dv cannot be filed after 1 year of seperatation


https://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=APL16011070313.pdf&smflag=N

4) should i file for discharge in dv act based on the judgment and under sec 245  as her evidence is not proving any thing and she has come with unclean hands as her interim maintenance got rejected due to unclean hands

 

5) will discharge under sec 245 effect the dv case as its my turn for evidence depostion .

 

6) since 498a case has not moved for 4 years now can i file for discharge in 498a also ?

 

Pls advise on above points



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 March 2013

You have to come for the evidence.  Since 498A is private complaint  it is to be looked into whether it was referred to police are still pending for the sworn statement.

Sanjeev (Lawyer)     30 March 2013

coming to India could be very risky as in 498aourt could impound your passport or put in a condition that you cannot leave India.

amit8 (abcdef)     30 March 2013

In 498a ,as far as i know there is no police compliant yet ,Can i not get AB with the conditions that passport should not be impounded and no arrest  as i want to come for dv act evidence deposition ?

 

Since she has not been able to prove her allegations ,  what will happen if i dont come for my evidence depostion ?

will the mention judgement of bombay highcourt not be helpful to discharge the case ?


https://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=APL16011070313.pdf&smflag=N

 

are the any cases where nri are exempted to come to deposit evidence and poa or lawyer can do so ?

amit8 (abcdef)     30 March 2013

In 498a ,as far as i know there is no police compliant yet ,Can i not get AB with the conditions that passport should not be impounded and no arrest as i want to come for dv act evidence deposition ?

 

Since she has not been able to prove her allegations , what will happen if i dont come for my evidence depostion ?

will the mention judgement of bombay highcourt not be helpful to discharge the case ?


https://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=APL16011070313.pdf&smflag=N

can i file for discharge under sec 245 in dv act ? as she has come with unclean hands and has not been able to prove anything.

 

are the any cases where nri are exempted to come to deposit evidence and poa or lawyer can do so ?

Sudhir Kumar, Advocate (Advocate)     30 March 2013

you do not come for evidence and let matter be decided without your evidence based on whatever evidence she deposes.  You alone are loser

amit8 (abcdef)     30 March 2013

what my question is that dv act is a civil case , a poa can appear , so why cant poa do the deposition and exhibit of evidence .?

In her cross she has not been able to prove any dv nor she has put any evidence which can prove her allegations

so  for eg.if someone claims that a person threw a stone at her and hit her badly and she is sufferingdue to it in some other country , but she can not show any hit marks and can not produce any medical report .

so that person has to go to court and say i did not throw a stone at her ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2013

Oft repeated query.

 

In DV the PoA can exhibit the documents even. 

 

 

Regards,


Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Goutam Prasad (Advocate)     03 April 2013

First of all I must clariify you that DV Act cases are crominal cases and governed by Cr.P.C. They are not civil cases.

For quashing of complaint or objection on application, the same should be moved during initial stage more appropriately on the very first day of appearance. At the stage of evidence, I don't think it will work much. However, in case you want to kill some time you can do so.

Now since DV case has at advance stage you may use delay as your defence during arguments.

As far as your evidence is concerned, you may get an affidavit properly sworn before notary in the country of your present recidence and send the same in trial court, which can be exhibited through your POA. But, for cross examination you need to be personally present.

As far as 498A case is concerned, if the complaint is not registered as FIR for 4 years, you need not much worry for arrest. However, while comming to India you may seek Anticipatory Bail. AND if you have good case court will permit you to go back for earning your livelihood on condition of your appearance at required statge.

 

Goutam Prasad

Advocate

Supreme Court of India

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist


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