• 498a, DVC, and divorce case are pending in court. As complainant, can I travel abroad?

I have filed dvc and 498a case.In 498a the FIR is filed and the chargesheet is yet to completed.In Dvc so far 3 hearings are done.My husband has absconded to abroad and he didn't attend any hearing so far.The court has asked him to appear by next hearing.With this being the situation right now, I have got an offer to study in aboard with scholarship. Will the court accept my request to leave aboard for 1 year?Do I need to get permission from all the three courts?Will they give permission for 1 year or I will be asked to come inbetween? By making use of this situation do my opponents have any chance of winning the case or getting exparte?
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

In  this situation better you take permission from three courts and give legal work POA to any one family member of yours. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1) Your personal presence is not necessary in DV case 

 

2) your lawyer presence is sufficient 

 

3) your presence would be necessary for leading evidence 

 

4) in 498A case your presence would be required 

 

5) you can with court permission travel abroad 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

See you being complainant in 498a case do not need any permission as such to travel abroad though you need to present before court for hearing if summons are issued upon you as prosecution (State) is primary prosecutor and you may not be required on every date, in the case you can inform the Public Prosecutor or engage a lawyer  to assist and file exemption on personal appearance and can take a further date you need to appear on that date.

In divorce case for evidence your personal presence is required though in general your lawyer and Power of attorney can appear similar is in DVC case.

In 498a power of attorney is not valid therefore you need to seek exemption from the court in case when summons are issued. 

The accused will not get benefit of your non -appearance if exemption is filed. Also the court may issue summons or warrant to insure your presence before deciding the case or dismissing it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can attend but your advocate should be present. And in stages of evidence your presence is also necessary. Bring complainant you don't need permission. Yes if you don't attend and delay proceedings the dv matter will be dismissed. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

To leave for abroad for study or for work does not require the permission of court.

In other words you can travel at your will.

On your going to overseas for further education does not have any adverse impact on the merit of the case. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

If you have filed all these cases then unless you are present for evidence cross examination during trial the case shall be dismissed. Therefore you should take the cases to their logical conclusion and request the court to issue non bailable warrant against the husband.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. you are not required to obtain any permission from the Court as you are a complainant in the case,

2. just go abroad and ask one of your close relative/lawyers to handle the situation in your absence,

3. since the case is in beginning, therefore, one year can be elapsed without much difficulty and if required at a later stage an application for adjournment can be given stating the study abroad reason,

4. always be in touch with your lawyer regarding the matter

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

As for as permission of the court, you being a complainant, is not required to travel during pendency of cases.

DV case and divorce case can be managed by your counsel by seeking your exemption from appearance if  your presence is not required for evidence etc.

498 a is a state case and your presence is required for evidence.

From your narration of facts, since your husband is not available in India and yet to receive summons from courts the cases are not likely to proceed at least for one year..

You can talk to your counsel and I am of the opinion that he can manage everything in your absence.. 

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

You say that you are the complainant in the criminal case. For filing of the charge-sheet your presence is not required. The prosecution will file the charge-sheet before the proper court, after which proceedings will commence in court. You will be called as a prosecution witness to record your evidence and will be subject to cross-examination, if any, by the defence counsel. As you will be away for a year, it is better to obtain the court's permission citing the genuine reason.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

You have filed cases, why you will require permission from court to visit abroad. You are free to go abroad - no permission require. Your appointed advocate will represent the case.

If your advocate will not appear in divorce and DV case, court will dismiss them for default. Sec 498a will not dismiss.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

it is better file an application before the court for permission to visit abroad and then you can travel to abroad.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You can travel abroad without permission from court as the cases are filed by you and not against you. 

2. Cases can be dismissed if your advocate doesn't appear in court on every date given by court. 

3. You should try to give your statement before court before leaving to abroad.

4. Give POA to your family member to appear on your behalf in your absence so that case should not be dismissed in default. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you do not attn d the court in the case you have filed then the court may even dismiss your case.

You can give a power of attorney deed to someone to represent you in your absence but remember that they cannot depose evidence on your behalf.

 

In 498a case the court may issue a warrant to you if you do not attend the court for deposing the evidence as prosecution witness.

The court may not entertain any application seeking permission to go to abroad for one year period during the pendency of a case before the court.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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