Impact of domestic violence and 498a cases on visa


Hi
 
I had applied for Australia Temporary Work Visa and was relocating to Australia along with my wife. But while my application was still under process, things took an ugly turn and my wife filed false Domestic Violence case against me in court. Post that she has filed a false dowry case, and FIR under section 498a has been registered.
 
My question is: How do these 2 cases impact my visa to Australia? Hearings (court dates) in Domestic Violence case have started, while in 498a Chargesheet has not yet been filed.
 
Could you please guide how these 2 cases can impact my Temporary work visa to Australia?
 
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Advocate

If you're having Temporary work Visa you can join job in Australia provided there is no order passed by any court prohibiting you to leave India. If you're already in Australia then remain there while giving power of attorney to someone to appear on your behalf in the Domestic violence complaint case and keep in touch with police authority with regards to FIR under 498a IPC case. If you're Visa application still under process, wait for the final reply from Australian High Commission/Immigration.
 
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Your life is doomed now.

Best thing is going and cathching hold of wife and co feet. Ask for forgiveness. and sak to take back cases.

or simply give whatever she needs and settle the divorce.

Your life is at stake and you are worried about visa?

Even if you fly off, you will be arrested and produced before magistrate court.  Thhink wisely. and act.


Total likes : 1 times

 
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FIN

You may post pointwise reply to points raised by Mr. Vijay Raj Mahahjan, in the thread.

Both spouses, elders of the family from both sides may try to save the marriage and end the disputes. 

If all have tried and IT is not posible to save the marriage then look at other recourses.

If both spouses are inclined for MCD, then IT can be quick and easy route to end the troubled wedlock.

 

 

 
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My visa is still under process and I am in India. The australian department of immigration don't specifically ask for FIRs against you.  (chargesheet has not been filed yet) They are more interested in any pending charges, so I haven't proactively intimated them about my situation.

 
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I agree with Shri Vijay Raj Mahajan.

 
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Posted by: Nitish Banka  Categories: Uncategorized 
 

 

Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

Image result for 498a quash

 

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Regards,

Advocate Nitish Banka

(Practicing in Supreme Court of India)

nitish@lexspeak.in

 

 
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