MP Kori
Asked September 16, 2016

Going abroad while case is pending

  • 1 Answer
  • 212 Views

1) My wife and I had a dispute and she has filed domestic violence(DVA) case against me? In turn I have filed objections to DVA and restitution of conjugal rights(RCR) and G&WC as I have a daughter of around 3.6 yr. All these cases are in progress and not yet settled. 2) Since 1.3 years I am jobless and can I opt for migration to other country and work there while above cases are in progress? 3) Is my presence a must or my advocate can take care of it ? Your honest response in this regard is much appreciated, thanks in advance.

Answer 1

  • You can apply for immigration and fly abroad only after taking a prior consent from the magistrate under section 205 of Criminal code of procedure. Where it clearly states “Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.” However the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner provided in the act.[1]
  • So if you have taken a prior permission from the magistrate under section 205, whether your legal practitioner can appear on your behave and the court feels you are not just trying to evade the proceeding trial. The court can grant you non-appearance before the court for a period at its discretion.

 

 

[1] Code of criminal procedure act, 1973; section 205

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