Is it mandatory to stay in india while Domestic Violence case going on in court against me?

Response

Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India.

However, it depends on the conditions on which your bail was granted. The conditions of your bail may circumscribe your financial decisions and geographical movements. Regardless of the reason for your planned trip, your ability to leave the country will hinge on the type of crime with which you have been charged, the laws governing bail in your jurisdiction, and the personal proclivities of the judge assigned to your case. If the there is any such condition that you cannot travel during the pendency of the case, then you cannot go otherwise if your bail is not conditional and if there is no order of restraint operating against you, you are free to travel.

There is no restriction as such in you going abroad for a short duration during the pendency of your cases. However, you should be present, if required on the next date of hearing. In fact, to show your diligence in appearing on all dates you can get your appearance marked in person for the date immediately after you return

Reference: section 489A ,323,504,506(2),114 of indian penal code

202100123-20210004-401

LAWAYZ-2023-158

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