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Originally posted by :lawhands |
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HI ALL,
The husband has fled abroad to UK. His family isnt accepting summons for family court case.
besides he ws out on 498a bail. we requested his company to give his abroad details or get him back.
but dey r refusing,
My quesn is..What if i send petition and attach other copies and give to manager?Also manager is saying der wsnt any condn of him not going out of india.
But my query is... WHat if court case is going on? and his going abroad is delaying my process? cant the company reveal his details or get him back asap? the next family court summons wil reach his office address.
after receiving summons,will dey reveal details or get him back? if not wat other options are available to pressurize his company manager to get him back? can i file appln againt manager for not giving details? |
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Even though belated, kindly accept my response. As it would be helpful to the people similarly situated like you, i am responding belatedly. You have not said what is the case pending before family court. can i assume it as divorce or rcr case? the clear legal position has not been explained in above responses except in "victim" response to some extent.
My quesn is..What if i send petition and attach other copies and give to manager?Also manager is saying der wsnt any condn of him not going out of india.
yes. you can do that legally. it does not require that the company is a party to serve the notice/ summons. first you serve the notice/summons to the respondent. If he refuses to accept it, the court may deem it as served. if the court hesitates to deem it as served, then you can move an application to the court seeking the permission to serve the notice/summons to the respondent through his head of the department with a specific instruction to the head of the department to endorse the notice with his signature, stamp and date clearly indicating that the notice is served on the respondent. in that case, first notice / summons along with the petition (and documents, if any) goes to the head of the department and he causes it served on the respondent and return the notice with his endorsement. it is a deemed service and if the respondent does not appear he will face the ex-parte orders and its ill consequences. suppose, if the respondent does not appear even after receiving the notice, if the interim maintenance application is pending, it will be decided ex-parte. to get the actual salary details of the respondent, you can summon his employer with salary record. after getting maintenance order in favour of the petitioner, the petitioner can go for its execution and the respondent's salary can be attached to realize the amount. As such, if he chooses not to appear the court, he will face all the evil consequences and the petitioner will get all the benefits without any hinderance.
Now, Section 498-A case. you said bail is cancelled. if the bail is cancelled and if he does not appear in the court, if demanded by the criminal court, he will be declared as proclaimed offender. As some one said, extradition process cannot be initiated. But his movable and immovable properties can be attached under Section 83 of cr.p.c. if his parents show that the respondent does not have title rights of the houses and lands they cannot be attached; but his salary can be attached by giving suitable instruction to his employer. so his presence in the criminal trial can be procured. so he cannot run away from the scene as is being projected by some people above.
often i say, every accused has got a right to say that he is falsely framed in the criminal case. that is his fundamental right. but complainant also has got a fundamental right to get justice, either it is under Section 498-A or any other section. so, if the complainant seeks the presence of the accused in the criminal court, she is not asking the moon, she is just seeking the justice. for that these many attacks, most unfortunate. some times, our male members start to think they became judges and even before filing of charge sheet and before taking of evidence, they declare that the 498-A case is a false case.
since independence, there are several allegations against our political leaders. lalu yadav in chara ghotala, mayawati in taj carridor case, mulayam in disproportionate case, amar singh in cash for vote scam, dmk in 2G scam, congress starting from bofors in innumerable cases, bjp in hawala scam, distribution of prime lands in metros, petrolpump allotment scam, kargil scam etc. etc. all those leaders say that the cases against them are false and they are framed by their political opponents. no one of them is convicted. the conviction rate is ZERO. do we believe they are honest? some of them above are arguing that as the conviction rate in section 498-A is 2% (again it is false, it is 19% in 2009 and 2010 figures are still awaited), all the cases are false. O.k. O.K. we accept, all our politicians are honest. all the accused in section 498-A are innocent, because the conviction rate is nil.
But, while analyzing Section 498-A, one has to be dispassionate and think in objective terms.
the accused in section 498-A are middle class and highly educated young men. they are not habitual criminals. they are prisoners of customs prevail in india, where patriarchial system is deep rooted. they, from their childhood, have seen in the society and in the family that woman is treated as second class citizen. they have seen on several occasions, ill-treatment of women and not giving equal status. they do not see it as an offence, still they face such criminal case. in the present set up, they try to treat their wives as their fathers treated their mothers, and the wife takes it offensive, in the changed circumstances. it is just some young men are not understanding the situation and aspirations of modern women.
But, I will come to important point.
Whether the accused in section 498-A has got a right to earn his livelihood or not? YES. HE HAS GOT A RIGHT. for earning his livelihood, whether it necessiates, if goes out of the country, shall it be prohibited? NO. HE SHALL BE ALLOWED TO GO OUT OF COUNTRY. the bail conditions of impounding his passport etc.shall not be there. the offence in section 498-A is not such severe that requires him to put behind the bars through out the trial. If the accused asks exemption for personal appearance, it should be granted normally. If he wants to give his evidence by way of video conference, he shall be allowed to do so. the objective behind section 498-A shall be not retributive (revenge) but reformative. the rigours of criminal justice system shall not be thrust upon the accused of section 498-A. if he is convicted he will face the consequences prescribed under that section.
BUT ALL THESE BENEFITS SHALL NOT BE PROVIDED TO THE ACCUSED UNDER SECTION 304-B.
