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lawhands (manager)     05 May 2011

How to get details of husbands location abroad

Hi experts,

Hi What if husband has fled out of india and breached bail condns and not attending court dates.
can we visit his office and show papers and ask dem for his location details and ask dem to get him back india earlier? will IT company ppl will give us details if relevant pprs are shown?



Learning

 5 Replies

Arup (UNEMPLOYED)     05 May 2011

if it is a govt company, file rti. if not, request his office for his address.

if he is not attending the criminal court that is an offence, raise the matter before the court.

if it is a civil case, he has the liberty not to come, and you will get exparty.

1 Like

Om Prakash Dhusia (HR assistant)     06 May 2011

Dear Lawhands, it seems some criminal proceedings have been initiated against the erring husband though you were not specific in your query and the husband has left abroad as you opine: Was any condition on his movement within and outside India was imposed in bail orders?Is someone submitting exemption application for appearance in the court, then he can be made answerable for his whereabouts.How you are sure that the husband has left India and staying abroad?Is he still in the employment of the same company or left it?Is he facing 498a or similar proceedings?Were you aware about his possession of Indian Passport then why it was not brought to the notice of the court/authority?Even it may be presumption that he left for abroad, do you have his residential address?

He may not  have committed some heinous crime or belong to any International criminal gang for Red alert to be issued.

Dear Lawhands, practically there are many WHY's I have prescribed and do you have any answers for these?

Regards.

lawhands (manager)     06 May 2011

Hi Omprakash,

Yes He was out on 498a bail .It ws a conditional bail- with condition that he cannot go out of india.
Yes he is now with the same company and the same company friends has informed us that he has been deputed onsite.But they dont know the legal tangle else they wouldnt have sent.
I have his residential address of India.But he/his family isnt accepting the Family Court summons.
Besides He is never available on phone or his indian address.
we dont have his abroaod address.SO can we now go ahead and visit his office and get details?
Regards,
Lawhands.

Om Prakash Dhusia (HR assistant)     06 May 2011

Dear Lawhands, first of all accept my apology for being straight in this context.Secondly you would have to face many hurdles in such a situation:

a) Hiring a sincere lawyer itself is a herculean task.Because had it been not so, you would not have approached the LCI.But please keep on imploring your lawyer.

b) Once you sign on the VAKALATNAMA ( A power of attorney in the name of a lawyer) though theoretically client is considered master and a lawyer has to act as per your advise of client but it becomes reverse and you have to be on his mercy because a lawyer doesn't follow any code of conduct and he is law unto himself.

c) If you have all the details of that erring husband's passport, his tentaive departure date, his flight number etc then you can approach IMMIGARATION at the respective airport, if not possible, then kindly raise an RTI but you have to furnish all the particulars about him and not the vague request.

d) You can submit that information to the Indian court of the case and request suitable action.

e) It would be a herculean task to serve any Summons on him abroad even with the help of External affairs at India and the Indian embassy abroad because you are unaware of his residence over there.

f) Keep on following the case and pressurize, implore, request, beg his parents, relatives in India to help them, you may succeed or not.

g) Try to find out any lacunae/false information in his passport application form with the passport issuer at India and initiate imponding actions if found to be incorrect.

h) Keep on trying with his employers at India if any for information on him.

i) Have faith on god,though you may find it illogical but I do have it on him.

Thanx and regards,

1 Like

sibasish pattanayak (lawyer)     09 May 2011

hi Lawhands,

i beg to disagree with all the earlier posting against your QRY. 1. In my considered opinion u please specify in which country he is? if u are not awer bout this u can file an application before the trial court  UNDER THE PROVISSIONS AS LAID DOWN IN M.L.A.T., I think 35 foreign countries are with this TREATY WITH INDIA., IF SO THE LD. MAGISTRATE IS EMPOWERED TO ISSUE WARRANT OF ARREST and send the same  to execute u/s. 4 of the said act.

2.Secondly u can write a letter to the ambessy of concern country for SOCIAL SECURITY NUMBER of YOUR HUSBAND.

For details u can contact with me, after court hours.

thanks

sibasish pattanayak,Advocate, 09874854594.

e-mail: sibasish_adv@yahoo.co.in


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