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rohith (SW Engineer)     14 September 2014

498a filed and can i travel abroad ?

Hi experts,

one year ago my wife filed a fake 498a case against me and my family. We all got the bail and till now not even a single hearing happened. Now i got a job opportunity in USA and will apply for the job next week. As one of my close relative is holding a key position in that company its sure that i will get the job. But will this 498a case affect my visa ? Should i be able to travel abroad even though a criminal case is pending against me ? The only condition said in the bail is that we should not threaten the petitioners.  Also will it take a long time for the hearing ? Its more than 1 year now but still not even a single hearing happened.

Thanks



Learning

 2 Replies

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

Usually, one of the bail conditions may be a restriction on foreign travel without court’s permission. If there is no such restriction is imposed in your case, then there should be no legal bar on going abroad. However, even if you go abroad, you’ll have to remain present in the court as and when the case is listed for hearing. You can seek personal exemption from appearance in the court. But, if the court does not grant you personal exemption from appearance, and you go abroad (since there is no restriction in your bail conditions) and then you remain absent on the next date in court, in that case there is a likelihood of your bail getting cancelled. And, in that case, the court may also direct that your passport may be deposited in court. So, while you can go abroad, but you should ensure that you remain present in court on all dates or you should get personal exemption from appearance in court.

rohith (SW Engineer)     14 September 2014

thanks sir for the reply... My brother is also included in the case and currently he is working abroad. Is it mandatory for him also to be present during the hearing or only my presence is needed ? 

My advocate said that for the first two hearings there is no need for us to be present in the court and its mandatory only during the third hearing to be present. Also he said that it may take another 1 or 2 years for the third hearing. Is what he told right ? Why its taking too long ?


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