• 498a wife threatening for arrest warrant

Hello Sir,

My wife has filed a 498a case against me and parents in 3 years back, I was in USA at the time. I came to India and got Anticipatory bail after 5 months. Case is going on from the time. So far my father and lawyer are going for hearing but it has not moved far.
My wife sometimes comes to court but is not giving statement. My lawyer says he want to get statement from all witness in one time but other party is not agreeing to it and due to which whole issue is stretched.

I have audio recording as a proof of my wife from the "Mahila Thana" where we spoke and I asked her why she did all this and also if I did anything to her like dowry, violence etc. During call she accepted that I never did any of this to her or her family. Can this be used as evidence ?

I am still in USA and now they are threatening us with an arrest warrant stating that I have not attended any hearings of 498a (father and lawyer has) and given that they can call me back to India and ruin my career and life. Their argument is in the bail document unknowingly I agreed to come for every hearing but haven't done so. 
How it can affect my parents and case. Can this arrest warrant (if issued) can be sent to US/India Embassy and cause trouble ?
How to avoid the trouble and come out of it.
 How to avoid this ?
Asked 2 years ago in Family Law
Religion: Hindu

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10 Answers

Electronic evidence is admissible in courts. Once everything is normal  and covid restrictions are lifted you have to appear before the courts. Yes the police may cancel your visa and pcc but in extreme cases. You should try to ask her what does she want. It is obvious that she doesn't want to live with you and you too.


Try to settle the matter through family and friends.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You can't go for trial through VC. It's not started in india. Only normal applications are argued through VC that too only hc and sc do that

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

What were terms and conditions of anticipatory bail .?

 

you can through your lawyer make application for exemption from personal appearance until further dates 

 

if no exemption is granted you have to attend hearing . If you fail to do so bailable warrant can be issued against you 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

 

You can make application through your lawyer that you can remain present on dates fixed  through Skype or face time 

 

personal presence be dispensed with 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Yeah you may do that. Ask your lawyer to file an application for the same.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Hey,

Since you are saying you already have a lawyer working on your matter, ask him to make an application to the magistrate in the next date of hearing expressing your point of standing and the complications thereby and request the magistrate to either dispense with your personal presence or if that is not possible then to at least allow you to appear through video conferencing. If the magistrate doesn't agree to both, then you would have to appear without any other choice as a bailable warrant maybe issued against you and visa may get cancelled in extreme situations. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

The audio call recordings are not admissible as primary evidence in court, hence this evidence may not come to your rescue. 

Actually you should not have applied for anticipatory bail at all because the conditions for grant of bail is that you will attend the hearing regularly.

However they cannot do anything to harm you so long as the court is permitting your lawyer to file the petition under section 317 cr.p.c. to condone your absence on the dates of hearing.

Her job is over after the complaint has been registered and converted into a criminal case before the concerned court.

Now it is for the state to prosecute the case and not she. 

Hence without any valid reason the court will not entertain her application to cancel the bail granted to you.

As per law, you are not supposed to leave the country without the permission of the court during the pendency of a criminal case against you. 

You can be in touch with your lawyer regularly on this.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Since the courts were  not functioning in the normal manner during the covid restrictions period, the advocates were allowed to participate in the cases in virtual hearing mode.

Now almost all the courts have started functioning normally, the court may insist on your presence, however your advocate should manage the situation. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client, 

With respect to your follow-up question, you can request a virtual hearing and you will have to contact the lawyer of that particular jurisdiction to know about the court's functionality and the approval is subjective. 

Thank you. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

- Since , you are already got anticipatory bail from the session court , then it cannot be cancelled on the ground of non-appearance before the court and also on the compliant of wife. 

- Further , if the charge sheet of the case has been filed in the court, then your appearance on the date of hearing is mandatory .

- However , your lawyer can move an application before the court for exemption from personal appearance on your behalf on the ground of covid restrictions to travel to India. 

- Further, if the court cancel that application then an NBW may be issued against you , and due to repeating of non-appearance a notice can be sent to Indian consulate . 

- The court has already started to function in India. hence now virtual hearing may not be granted .

- Further, the said audio recording can be produced before the court at the time of evidence. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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