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Domestic violence act - is it possible to travel abroad ?

(Querist) 27 March 2013 This query is : Resolved 
Is it possible to travel abroad while a domestic violence case is pending on you ? Any idea if a US VISA will be granted in case of pending domestic violence case ?
Advocate M.Bhadra (Expert) 27 March 2013
This information from www.498a.org

This should not be a problem. Just apply to the court that due to your job (service) requirement, you need to travel abroad for a small duration. Court may give you the necessary permission.

Also, since you are already on regular bail and chargesheet has been filed, you may apply for getting the condition (cannot leave India without court's permission) waived from your bail. However, this process may take some more time (compared to the above).

During your immigration process in the airport, there is no requirement to produce/mention anything in this context (unless asked for). You may travel just like other travellers.

(Judgement) Personal Appearance not mandatory in PWDVA cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 3016 of 2008()

1. VINOD M.S/O. P.K. MURALEEDHARAN NAIR ... Petitioner
2. MANOJ, S/O. P.K. MURALEEDHARAN NAIR,
3. REMADEVI, W/O. P.K. MURALEEDHARAN NAIR,
4. DEEPTHI, D/O. P.K. MURALEEDHARAN NAIR,
5. DEEPA, W/O. MANOJ, AGED 26 YEARS,
Vs

1. NAMITHA, D/O. N.VIJAYAKUMAR,
... Respondent
2. N.VIJAYAKUMAR, S/O. NEELAKANTA PILLAI,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/08/2008

Sankaranarayanan (Expert) 27 March 2013
i endorse minansu bhadra ji
Devajyoti Barman (Expert) 27 March 2013
There is no restraint on foreign travel.
The restraint in foreign travel is there only when the court especially in connection with 498A case put condition while giving bail not to travel abroad.
That condition is also modified, waived or altered later on.
ajay sethi (Expert) 27 March 2013
you can go abroad .
Raj Kumar Makkad (Expert) 28 March 2013
DV case do not come in the way to move abroad.


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