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gurpreet (na)     26 May 2012

Domiistic violance

hai every one 

a woman filed a complaint in jmic cout on me about domestic violance 

i am respondent in this case and also brother in law of abuser

they go to police station but they said u already submit a case on all persons

all members are in canada only i am in INDIA 

the lady know very well that i also going to abroad so she take this action 

i ateend an interview n delhi embassy but lady already send case details in embassy

this is only complaint  embassy does not allow me for visa

is I take permission from court to leave india when ever i need i will come back

what can i do now



Learning

 6 Replies

Adv. Sumedh (lawyer)     26 May 2012

 Mr. Gurumpreet

from your qurery it doesnt. disclose that who is that woman( relation wise) and what sort of complaint she has filed against you means what relief she is seeking. as far as your query is concern you says that she is keen on not to you fly in abroad. but in this case you can file a application before the same court and seek permission to go there as it is  dire necessecary and also satisfy the concern court that your Advocate will defend the case of behalf of you. till then take care

gurpreet (na)     26 May 2012

dear sir 

woman complaint against her husband and i am his brother in law

is it right to fill an application in court ti permission for fly

firstly we fill application that i am not dirrectly involved and resident in other village and also inlaw family of ladies husband but madam passed a order that name remain in the case

now i am thinking to submit a application to permission me to go abroad and any need of court i will come 

is it right or not to submit application 

Devesh A. Bhatia (Advocate)     28 May 2012

Based upon what I understand from your explanation I suggest that you file a petition in HC for quashing the FIR. Unless the FIR in your name is not quashed it would create problems for you. Since you are the brother in law and teh accused himself is in another country, it should not be very difficult for you to get quashing in your name from the HC. 

Pooja_____ (HR)     29 May 2012

Go for quash of FIR. Even if quash does not happen or you yourself do not go for quash, you can go abroad. I know of the cases, where husband (accused u/s 498A) gets permission from lower courts for going abroad for office work. Getting visa should not be a problem, after getting permission from court.

Pooja_____ (HR)     29 May 2012

Go for quash of FIR. Even if quash does not happen or you yourself do not go for quash, you can go abroad. I know of the cases, where husband (accused u/s 498A) gets permission from lower courts for going abroad for office work. Getting visa should not be a problem, after getting permission from court.


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