Legal Question in Family Law in India
498A-ChargeSheet delay
Wife has filed a false 498A on our entiore family three months back. still the charge sheet is yet to be filed. We are all on bail.even the police know that it is a false complaint. Looks like police are delaying the sharge sheet.
1. if the charge sheet is delayed, whose favourable is it?. wife side or husband side?.
2. Is there any section to rewuest the court to permit my lawyer to attend in the court on behalf of us until the charge sheet is filed?? or we must attend.
3. If the charge sheet is filled, shall claim this un hight court saying that, the complaint is false?.
4. Since i may need to go abroad, some times not possible to attend for the adjounements. 5.Under what grounds/reasons i can avoid the attendance before court and how many times.?
6. For a trip of 15 days to visit abroad do i need to take court's permission?. if i go to abroad without court permission, what could be teh imlpications against me?.
lpease advice me sir.
7 Answers from Attorneys
Re: 498A-ChargeSheet delay
No body will get any benefit if the police delaying the charge sheet.
If the court, on filing challen, has summoned you and your family than you all have to appear in person on each date of the court.
Before going abroad, you have to inform the court and obtain the exemption otherwise you will be in trouble
Re: 498A-ChargeSheet delay
ALREADY answered.
sudershan goel
Re: 498A-ChargeSheet delay
all your questions are having reply in your favour.
you need not to ask court to attend the case and your lawyer too can attend the case at any time.
you can go out and ur lawyer can take exemptions on ur behalf. exemptions can be taken for long durations in such matter so dont worry.
about going out side you should take permission from court but you can go without permission also... it depends on circumstances.... but tell ur advocate about it.
you must have clear proof of false complaint to prove in high court. dont move if u dont have any solid proof.
Re: 498A-ChargeSheet delay
you dont need to appear before the court unless the charge sheet is filed by the police officials. the court would only summon you when the same is filed by the investigating officer. you may go abroad and you dont have to take permission from anyone as you are merely an accused and not a convict. furthermore, the filing of chargesheet sometimes take 2 to 3 years as well so no need to worry. delay in filing charge sheet is obviously favorable to the accused. THIS CASE PERTAINS TO WHICH STATE. IF YOU FROM DELHI, I WOULD SURELY HELP YOU GET OUT OF THIS RUT.
Re: 498A-ChargeSheet delay
your lawyer can seek exemption of your presence when you are not able to attend court. whether you need to take permission of teh court for going abroad depends on teh conditions on which bail has been gratned to you
Re: 498A-ChargeSheet delay
good afternoon
well as far flying to abroad it always depands on the bail which is been allowed to you and the conditions which are mentioned and your lawyer can ask for exemption from the court in your absence
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