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OntedhuSatish   19 June 2018

498a help required

Dears,

My wife has lodged a 498A case against me on December 2014 and currently we are not staying together. I was regularly attending court till 2017 June but later i have got an onsight assignment and moved to some other country. Its been an year that i have attended court and according to last date Judge has told my father that i will be arrested and send to remand . 

Am planning to come in december to india and fight for the case for 2 months, can you please guide me how i can get rid of this issue.

 



 9 Replies

Vijay Raj Mahajan (Advocate)     19 June 2018

Trail judge in criminal proceedings do allow exemption from personal appearance of accused person and ask for application for the same to keep their record straight. However they also to keep pressure on the party they make such remarks as in your case. Just try to mark your presence on next date to give positive opinions about you to the trail judge. It also depends on the defence counsel how he's able to handle the situation in the courtroom, senior lawyers are always successful in convincing the court.

(Guest)

@Satish,

How many people are in the 498a case? How many are regularly attending the case without filing absent petitions?

Court will not believe you if you all are not regularly attending the court and simply filing absent petitions with FALSE reasons.

Have you informed Court  that you are going to Onsite by taking Judge permission?

Have you taken Bail /Anticipatory Bail? What are the conditions ? Are you exempted from Attending courts by going to abroad?

If you have violated all these rules and regulations then on what basis you can fight for the case? It may backfire on you and Police will arrest you at Airport also. 

1 Like

Kapil Chandna (Lawyer at Supreme Court of India)     20 June 2018

Sir, Check if there is LOC or red corner in your name first .... Warm Regards Kapil Chandna Advocate 9899011450,9911218741

AS   20 June 2018

You did mistake , remember you should have taken permission from court.

Now if there is LOC or red corner in your name first (it will be tuff court generally dont give LOC or red corner, depends on court and opposite party lawyer)

I dont know what to write in such application to court now to justify that.

 

 

OntedhuSatish   20 June 2018

Case is filed on me and my parents. My parents are regularly attending court . I know I have done a mistake, can someone guide me how to check if there is an LOC on my name

TGK REDDI   21 June 2018

Find out whether summons is issued or warrant.

Summons?     No difficulty.

Warrant?     You should get it recalled.     Usually it is.

Make yourself present in the Court on the date of adjournment, try to get the warrant, if any, recalled.      Take permission of the Court for going abroad.

OntedhuSatish   21 June 2018

Sir..All these are done and now there is a NBW on me. Tried to recall my case but judge was not available when I was present in court. Can we request to take stay on my case till December

OntedhuSatish   21 June 2018

Sir..All these are done and now there is a NBW on me. Tried to recall my case but judge was not available when I was present in court. Can we request to take stay on my case till December

TGK REDDI   21 June 2018

No.   No stay.     You must attend the Court next time.


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