Legal Question in Criminal Law in India

My wife filed case against me and my family members Under Sec 498 & 406 and DV act 2005.

498 A criminal case charge sheet filed and the same and converted into CC. We have also received charge sheet and case is coming for Hearing in Aug. I have filed child custody and Divorce case both case is also pending in the court. Now she abducted the girl child and left to USA with the duplicate passport.

She is not going to come for criminal case hearing. How the case will decide. If she don't come for court hearing, Can court will issue arrest warrant against her.

Thanks.


Asked on 7/29/11, 9:41 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

First, you need to understand that in law there is no "abduction" of a child by a natural guardian like mother or father. At the best it could a case of violating a court order, that too if the court has directed her not to take the child away from its jurisdiction. You may take appropriate remedy available in law for violation, if any, of court order.

The court will be deciding a case as per evidence available on record which is to be produced first by the prosecution and then by the defence.

You will get a chance to defend yourself. You may claim 'acquittal' if there is no incriminating evidence brought on record against you.

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Answered on 7/29/11, 10:22 pm
Shrichand Nahar S.V.Nahar, Advocate

As per sections stated, case appears to be a Warrant Case. In such cases, court will take all the permissible steps to secure presence of complainant and other witnesses, including issuance of bailable and non-bailable warrants.

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Answered on 8/01/11, 2:16 am


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