Legal Question in Criminal Law in India

NRI need help in 498-A case urgently..

I and my family are accused in 498-A case. my parents and my sister lives in india and I , my brother-in-law reside in USA. police arrested my parenst and sister who are in india in parents and sister got bail from the court. in bail order , there is no condition imposed against my sister stating that my sister should not leave India. after obtaining bail , my sister came to USA with out indian court permission. as my sister is not attending the court , the magistrate issued NBW against my sister and also issued notices to surities.the surities expressed their inability to produce my sister before the court and paid the surity amount to court. already the court issued NBW's against me and my sister husband in I , my sister and my sister husband are living in USA,the criminal proceedings are pending since 2 years. the police are in the process of issuing red corner notices against us. my parents are attending the court proceedings in India.can the lower court declare me, my sister and my brother-in-law as proclaimed offenders? . can the court/police order my parents to provide our USA addresses? can lower court issue look out circular against us? .pls advise.

Asked on 6/05/09, 9:37 am

6 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: NRI need help in 498-A case urgently..

The court may direct your parents to provide USA address of all of you; even otherwise, the information may be sought from Indian Embessy as also from the US Authorities.

The court may also "request" the US Authorities to arrest and deport all the POs for facing trial in India.

You may better consider an amicable out of court settlement and avoid this litigation for all times. A mutual consent divorce with adequate settlement about alimony etc. may perhaps be a better option for all of you in the long run.

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Answered on 6/05/09, 9:40 am


Re: NRI need help in 498-A case urgently..

yes, the court can declare you proclaim offenders and even attach your properties if any,

2 no, no court can compell you parents to provide address of yours or any other person.

3, yeas the court can

for further advice if any contact at 9888067997

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Answered on 6/05/09, 11:42 am

Re: NRI need help in 498-A case urgently..

Yes court can make all of you as PO. Your sister and all of you may file AB in court of india and then High court for permanent exemption for moving outside country. Our firm is expert in such type of cases.

For detailed query Feel Free to Contact at

[email protected]

M: 09814110005

Regional office Chandigarh

We deal cases in the courts all over India.

We strive for your rights.

Good Luck.

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Answered on 6/08/09, 3:40 am
Shrichand Nahar S.V.Nahar, Advocate

Re: NRI need help in 498-A case urgently..

All 3 accused can be declared proclaimed offenders.

Court can not order your parents to provide your USA address.

What is look out circular? There no such term in Code of Criminal Procedure.

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Answered on 6/06/09, 1:36 am
Pranav Desai PD Legal & Associates

Re: NRI need help in 498-A case urgently..

1) Yes

2) No

3) What is look out circular?

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Answered on 6/06/09, 6:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: NRI need help in 498-A case urgently..

1)Court can declare proclaimed offenders. 2)Yes 3)Yes

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Answered on 6/06/09, 8:54 am

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