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naives (Manager)     20 February 2015

Can wife leave the country after accusing us of 498 and dv

Respected members, 

Please advice on the following: my brother's wife has done 498 n Dv against us.she has brother's baby with her.brother has applied for divorce.Her plans have always been to go abroad.Is there anything legal brother can do to ensure that she doesn't leave country during Divorce case.As other than this they r asking for huge amounts of money...



Learning

 11 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 February 2015

Ask the court to seize the passport not to go for abroad till the case is complete. 

1 Like

kvss.prabhakar rao (Advocate )     20 February 2015

No such provision is there in our country. No defacto -complainant is prohibits  leave country .. If  any defacto complinants leaves country  she can attend court when court summons her to attend 

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 February 2015

If she leaves the country during pendency of her own cases against your brother, she may stand losing all the cases due to non-prosecution of the same.  However she cannot be legally stopped from leaving the country if there is no criminal case pending against her.  In the divorce case she is just a respondent, if she decides not to respond to the case , the case can be decided exparte thus benefiting your brother, hence ask him not to bother about her leaving the country.  However if your brother is concerned about the child to be taken away by her to abroad, he may file a child custody case and seek for an injunction from she leaving abroad with the child or to hand over the child to him if she intends to travel abroad.  consult your lawyer and proceed as per his further advise.

Biswanath Roy (Advocate)     23 February 2015

She can go abroad while Divorce is pending in the court. If you want custody of your baby you may pray before the court following provisions of Guardians & Wards Act.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     18 March 2015

Waste of energy to stop her instead fight the case properly in lower court and you can come out of it.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 March 2015

Please apply for Speedy Trial in High Court of your 498A case immediately.

 

If during the trial she failed to attend the case then both bail able and then non-bail able warrant will be issued to her. 

 

Her passport may be seized during the pendency of the case.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Sudhir Kumar, Advocate (Advocate)     21 March 2015

she just have to attend court on theday of her evidence and is under no obligation to remain in India throughout.

 

My dear she is not accused it is you who are accused (truly or falsely).  You have to attend each date not she.

 

Do not lose time and money on futile emotional project.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 March 2015

You need not attend each day if you make a petition U/S 205 CrPC. Your lawyer will represent you.

Other accust should atten every day and follow-up properly during the Speedy Trial until dispose of.

498_final stage (Professional)     14 August 2015

Yes Rocky is Correct. If she disappear from 498a proceedings then BW or NBW can be filed against her

Sudhir Kumar, Advocate (Advocate)     15 August 2015

Originally posted by : 498_final stage
Yes Rocky is Correct. If she disappear from 498a proceedings then BW or NBW can be filed against her

no cost on dreaming.

 

but action against her will lie only if she is not available for her evidence.  she is not bound to attend court on each day nor bound to be within India for entire case.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 August 2015

Originally posted by : Sudhir Kumar



Originally posted by : 498_final stage



Yes Rocky is Correct. If she disappear from 498a proceedings then BW or NBW can be filed against her





no cost on dreaming.

 

but action against her will lie only if she is not available for her evidence.  she is not bound to attend court on each day nor bound to be within India for entire case.

 

We can easily under the needs of Speedy Trial from the above comments in red of Learned Mr. Sudhir Kumar Sir.

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko


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