Aj 14 December 2015

Main accused fighting 498a while living abroad

Hi, i ve been trapped along with my parents, in a false 498a 406, DV Act and ofcourse the standard Crpc 125. My parents got the bail already from sessions court, I/O taken their passport already its been 2 months and denying to give it back by making his own conditions. No condition is put up on bail order regarding passport by the judge.

Now i work out of india and it happened when i m already abroad, i filed my bail in sessions already, if they take my passport i m afraid to lose my job and the only income source for my family's bread and butter, the strength to support and fight my case.

Please assist me to find a way to fulfill my bail bond from outside of india so that i continue my job and fight for justice. Next hearing date is on 17th Dec, 2015 for bail. and this is 3rd hearing date in sessions. Please give my options available being the main accused. Other questions i have :

1. My family was asked to join investigation in 10 days of the order date. What if i get the same 10 days condition but my company doesn't allow my to leave and i don't appear in those 10 days. what could the result that i need to face then?

a) Does that cancel my bail?

2) Is there anyway for me to make sure before coming to India that i keep my passport with me and get the permission to travel abroad already ?

3) To take the permission to go back abroad how much time can that take in these days?

Thanks & Regards

A 498A troubled family person

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5 Replies

Bhoomika (Engineer) 14 December 2015

Sreenivas V (S/W) 14 December 2015

Hi Aj,

It is a surprise to me why they took passport. When I applied for bail and got bail no one asked about my passport. Anyway leaving that matter. I can understand your situation. You are saying you want to continue your job and fight for justice. It is true everyone will think same and even I thought same and did it and won the 498A case 2 times. First time won and then again they went for appeal and again won. Now option left for them is to go to HC for appeal which for sure they won't do it anymore. So 1st case won in 4 years and again appeal 3 years.

So my suggestion here is don't go for fighting for justice which you will not get, I mean you will get it for sure but how much time of your life and your parents mental tension about you gets wasted. Travelling for these cases and all other expenses. They will not come to court and nothing happens to them but you have to attend court everytime. Some other options are available to handle this but best option is go with some good lawyers and make out of court settlement and lead a new life getting rid of these tensions. Most of these cases end up in settlements and the opposite party wants just money. Normally these cases can be dragged to any long period unless you have good backing. Delaying a case in court is a very easy thing and how good your lawyer it is not easy for him to overcome these obstacles easily.

Madhav kumar 15 December 2015

Friend . Thanks Iam in this trouble for 1.5yrs and still running around courts . How can I get custody of my daughter? Myself and my daughter are USA citizen. Iam planning to file counter case against my wife and her family ? Will this help...?

Madhav kumar 15 December 2015

MANISH KUMAR GUPTA 28 February 2016

In India only the Higher Judiciary had immense power, so same thing apply in your case for quick redressal of cases, You should take the resort of Higher Indian Judiciary.

Any further suggestions or queries please mail me at 498alawyers@gmail.com and visit my Web Site: www.498alawyers.com