• Staying overseas, not available for judgement on 498a

Hi, my family is facing false DVC, 498A allegations in India. The case is in final stage and due it's judgement. (My brother's case and I'm A4 in it). Now I'm not in India, came overseas for work. If the court calls for judgement, I might need 24 hrs to travel back. I'm willing to attend judgement personally. My questions are:
1. Will judge give atleast 1 day for the judgement? I mean, do the judges usually announce their judgement next day after final hearing?

2. If the judge doesn't give enough time , can my lawyer request to postpone the judgement by 1 day?
Asked 4 years ago in Family Law
Religion: Hindu

11 answers received in 1 day.

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12 Answers

1) after hearing the arguments judge fixes date for judgment

2) you would get more than a week when case is placed on board for judgment .

3)judge would postpone dateof judgment

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. After final arguments are done the court posts the matter for judgment. The court gives a date well in advance for the final judgment and order, which gives you more than 24 hours to plan your travel schedule.

2. Seldom is the judgment delivered in a criminal trial within 24 hours of the conclusion of final arguments. The date will be fixed for at least a week.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. it depends o the court as the court sometimes first gives the judgment and thereafter passes the sentence.

2. The question of fixing next date for passing sentence arises only of you are held guilty.

3. if you are not held guilty then the court on the very same date of passing judgement would held you acquitted of all offences.

4. So attend this ate as if you remain absent then the court may not pass the judgement.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi sir,

After arguments of the case the judgment will not pronounce the judgment very next day atleast he will give one week time or you tell ur Advocate to submit the court the judgment to be pronounced after a week that you need to come and all... I can assure you that judge will hear your submission... if your A4 in the case means the case will get acquittal nothing to worry about it...!

Call me for further details

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Your advocate must inform you the date of expected judgement as this is not very big case where along argument is needed in case the accused is acquainted at the same time just pronounce the aquintal and punishment.

In case charges are framed you will be aware for that and the day the pronounce of judgement you must present so that you can apply for the bail if required

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi

1) Courts will publish the date of pronouncement of judgment atleast 7 days before the day of the judgment. Your advocate can always check up with court records and let you know the date of judgment .

2) Also, if you have taken permission from court to travel abroad, your lawyer can request the court for permission to pronounce judgment in your case(the court will continue to pronounce judgment for remainder of Accused on the day fixed for judgment), at a date convenient to the court.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. Court will announce the order date in advance after completion of arguments so you can travel for the order.

No after final argument date of week or more is.give for final judgement.

2.Sir after arguments are completed your lawyer can request for order date accordingly enough time is there between final arguments and orders.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

your lawyer can file absent petition u/s 317 crpc for postpone to next hearing.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Judgment can be delivered in your absence also.

2. No it takes atleast a month or so for the delivery of the judgment, though they can deliver the outcome on the next date.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Have you availed anticipatory bail against the 498A FIR registered against you? In case of criminal cases, physical appearance before the Court is mandatory unless waived by the Court against application filed for the said purpose. Have yopu availed leave from the Court for travelling abroad? The Judge might pass judgement on the same day even or postpone on some other day which can not be foretold.

2. What ground your lawyer shall forward for seeking postponement of the judgement to another day? Ordinarily, noin appearance of the accused for sickness can be a ground but in your case the said ground can not be taken for your being out ofn the Country. Sickness of siome other can be shown and the postponement can be tried.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. The court will adjourn the case reserving the judgment to some other day after close of trial proceedings.

2. The court will not pronounce judgment on the same date of argument made by both the sides, it will reserve the judgment to some other date.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

It is better to ask your lawyer to take adjournment for one day explaining the situation of yours. The court will consider the matter and they postpone the case. Nothing to worry.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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