498a - h1b problem
Sravan Kumar
(Querist) 21 January 2015
This query is : Resolved
Hi all,
My wife filed IPC 498a,420, 323, 324, 506 on me and my faimly. I am appearing in court with in a time span of 2months. Trail not yet started. Even though I have enough proofs to come out of it, but this will take years.
From my organization I have got onsite opportunity. Does this case become a problem in VISA related things.
If my knows about my onsite opportunity, she will definitely tries to stop me.
What should I do? Do I need to submit any petition in court to get permission for onsite travel.
Please suggest.
Thanks in advance.
Anirudh
(Expert) 21 January 2015
Have you seen the VISA application form? Which column comes in your way?
Guest
(Expert) 21 January 2015
Dear Author ,Please consult your Travel Agent and Proceed with VISA. Your Advocate will take care of other things.
Guest
(Expert) 21 January 2015
If you have got exemption from the court from personal appearance and also no stay on your foreign trave has been obtained by your wife or no ban has been imposed by the court, you can avail onsite opportunity, provided VISA is not denied by the Embassy of the country concerned on account of criminal case against you.
Rajendra K Goyal
(Expert) 21 January 2015
Cases under Criminal sections are against you court may not allow your non appearing in the case for long. you may not be in position to return in the middle. You should discuss all aspects with your lawyer who is well aware of full case details.
ajay sethi
(Expert) 21 January 2015
has court placed any restrictions on your travel abroad? if so then take court permission for going abroad
Laxmi Kant Joshi
(Expert) 21 January 2015
You have to take permission from the court for going abroad as you are facing some serious criminal offences in which your presence is compulsary.
Devajyoti Barman
(Expert) 21 January 2015
The pendency of a criminal case generally poses no hindrance in getting visa.
At least none of my overseas clients facing sich prosecution faced such problem ever.
Sravan Kumar
(Querist) 22 January 2015
Thank you all for your valuable replies.
Can my wife take stay on my travel? What type of problems she can create to stop me and my career?
Anirudh
(Expert) 22 January 2015
How anybody else will come to know about your plans, unless you have a LOOSE TONGUE?
If your wife comes to know, naturally she can put all the spokes available with her in your wheel.
Guest
(Expert) 22 January 2015
A Practical Advise by Expert Mr.Devajyoti Barman
Devajyoti Barman
(Expert) 22 January 2015
In 498A cases the courts are well aware of such tactics of wives and hardly pay any attention to such pleas.
You can rest assured.
Satya Mani Tiwari
(Expert) 22 January 2015
Dear Author,
Cases U/s 498A, 506 IPC are considered as Social Crime not a Criminal Act if its not accopanied by Section 304B,306 IPC which is not in your matter.
Problem of Visa comes only in case if your Passport has been siezed by Court as in the Matter of Film Actor Salman Khan Case, hence every time he needs Visa his advocate has to put up an application in court for release of Passport for Aquiring Visa every time he has to go out of India for Film Shooting etc. This is not the case with You.
The other problem comes when you have applied for issue of New passport or Going for renewal of Passport in that case the problem can be faced in getting police clearance certificate as Police will put up in the report that case is pending against you in court which can delay the process in the issue of Passport. If the above said problems are not there in your case then it will not be a problem for getting Visa. I hope I have cleared your doubts if any.
Sravan Kumar
(Querist) 23 January 2015
Thank you for the replies. I have built some confidence after reading the replies. Mine is not lose tongue but, she kept an eye on my daily activities too. Dont know how a woman get that much circle.
Guest
(Expert) 23 January 2015
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 24 January 2015
It may not a loose tongue but vulnerable situations which will give a lead to the ongoing. There will be a leakage of information despite precautions, so just do not worry, be practical and proceed with your plans by keeping your advocate in confidence.
