Legal Question in Family Law in India
When an accused shall be discharged from a case of 498A?
The Case: My wife has filed 498A suit against my family of (Myself Father, Mother, Sister & her husband, and my brother who stays ABROAD)
Scenario: I do have the copy of my brother's Passport duly signed by the Embassy Abroad, showing travel records that he has not been in India during the period wherein my wife has accused of harassment.
Question: Last week, I did file an Application for Discharge of the accused (my brother) with the JMFC Court of my city. The judge says that it is necessary that the accused who is staying abroad BE PRESENT here while the Discharge Application is heard.
Now my question is...
1) As per the application filed under section 239 CrPc for discharge of accused whether his presence is required before Court?
2) Whether the said Discharge Application u/s 239Cr.Pc for discharge of accused by heard by the Judge in his absence?
3) Whether the accused residing abroad has to present the said application in person to discharge himself?
Kindly quote the relevant/specific law and provisions of the Act.
-Student-
3 Answers from Attorneys
first you file con donation of absence under 205 of Cr.P.C. If that petition is allowed then the matter will be heard in absence of the accused,
The answers to your queries are here in below for your perusal :-
1) Yes but you can file an application for the accused exemption application for his appearance before the court , if allowed , then the proceedings can adjudicated upon in the accused's absence.
2) and 3) See answer 1 .
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