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Vivek (na)     20 July 2013

498-a/406/dv/125

Dear Friends,

 

I am also a victim of 498A.  In order to get the right answer I will skip to the main part.  I was charged with the abovesaid sections.  My lawyer did not apply Anticipatory bail for me, however, Anticipatory bail was applied for my Mother and Father instead and was approved.  I was recently arrested, charged, and was in the Police custody for two days, including one day in Remand and later sent  to Central Prison for two days.  

 

After two days of arrest, all the terms and conditions of my sweet Mrs. 498-A were accepted by me to avoid any further disgrace to my family, hence settlement agreement was made and presented to the Court before my regular bail was accepted.

I was released after two days on regular bail.  Hence, my question is, can I travel aborad as I have to pursue further studies aborad? Are there any chances that I might be stopped at the immigration authorities of the Airport? 

I am from Delhi, any reply would be highly appreciated.  



Learning

 18 Replies

prithvi kiran (Advocate)     20 July 2013

It is always advisable to clear all criminal charges, the complaint should end in b report in lieu of your settlement agreement or if police goes on to file charge sheet youl'll have to face formal trial or you can go FIR quashing before High court! But submission of settlement agreement would not arise at the time of bail hearing generally.

dhruv (other)     20 July 2013

Man, if you were innocent then you should not have buckled down. I am saying this for the benefit of others reading the post for you it has already happened.

Fight back, after all we are men, we are not afraid of jail for a few days/weeks but we should not bend before lies and false allegations.

Gaurav (Agent)     20 July 2013

????? Pls tell me is dr any benefit u r gttng to accept false allegations????

Vivek (na)     20 July 2013

I know I shouldn't have compromised at all, the allegations were all false,  few months earlier, I came to know that my wife have been involved in affair with someone.  I saw her doing things with him, she was caught red handed.  For the sake of our marriage, and our thee year old daughter I refused to take any actions against her.  However, It was a big mistake.

After some time I went aborad to find work, within two months, she filed FIR against me and my family members in CAW Cell. Later, no one from their side turned for mediation at CAW Cell.  After three weeks, the case was reistered against me with the sections mentioned above.  Please provide with the information, whether I can leave this country after first motion towards Divorce decree is completed.  My lawyer informed me that there were no conditions applied for my regular bail.

Also, my father told me that he has been receiving calls from the Police Station informing him that I need to be present in the Police Station to sign on some "bond".  However, I believe that I am needed because the officer want some money.

Please suggest me what to do.

 


(Guest)
Originally posted by : Vivek

I know I shouldn't have compromised at all, the allegations were all false,  few months earlier, I came to know that my wife have been involved in affair with someone.  I saw her doing things with him, she was caught red handed.  For the sake of our marriage, and our thee year old daughter I refused to take any actions against her.  However, It was a big mistake.

After some time I went aborad to find work, within two months, she filed FIR against me and my family members in CAW Cell. Later, no one from their side turned for mediation at CAW Cell.  After three weeks, the case was reistered against me with the sections mentioned above.  Please provide with the information, whether I can leave this country after first motion towards Divorce decree is completed.  My lawyer informed me that there were no conditions applied for my regular bail.

Also, my father told me that he has been receiving calls from the Police Station informing him that I need to be present in the Police Station to sign on some "bond".  However, I believe that I am needed because the officer want some money.

Please suggest me what to do.

 

Get over with this headache, in total, finish divorce case, get divorce, then move outside of the country, then start afresh.


Your plans for going abroad will stay intact, you can go later too, peacefully.


Do not go like this, half mind here, half mind there at the job.  Like that you wont be able to do justice to your job too. 

fighting back (exec)     20 July 2013

@vivek..........extremely wrong move you have done by acccpeting her demands...............very wrong

Vivek (na)     20 July 2013

Originally posted by : fighting back

@vivek..........extremely wrong move you have done by acccpeting her demands...............very wrong

 

I understand and I agree that I should have contested it.  But for me time is a major factor, I have been unemployed for over a year, when I was getting right on track, my lovely Mrs. decided to screw me.  I am broke, we do not have any savings any more, we do not even have a car now.

I am willing to struggle, but I do not want to waste my time against "legal terrorism".  It is about time that Indian Government should seriously think about it and do something.  At this time, I believe live-in relationship is the best solution, or may be marital prenuptial agreement agreement too.  

I think Indian women are extremely greedy, selfish and heinous women.

Vivek (na)     22 August 2013

Dear friends,

In few days I am about to sign on the documents for first motion towards divorce decree.  My ex-wife lawyer gave a statement in the court to inform court before leaving India.  Hence, my question is do I need to really get permission before going abroad?  Should I be concerned about Look-Out-Circular? (If Any).

Vivek (na)     25 November 2013

Dear friends,

 

After agreeing to everything, I made all necessary arrangements to leave India, however after I checked my bail conditions in the order, I found out that I am required to take permission before I leave India.  I am still unsure as to why my lawyer lied to me about my bail conditions, I am very shocked to see that I have this bail condition even after I was released on regular bail (after arrest).

I contacted another lawyer, he says now I have to take permission first.  Hence I would like to know, even if I get the permission and that If Special Power of Attorney would work in regards to Second Motion and FIR quash or do I need to be personally present in the court for same?

Vivek (na)     26 November 2013

I could really use some help.  Please advice people.

K*I*L*L*E*R (tech)     26 November 2013

Dear vivek did to completed ur first motion of divorce if yes when was ur second motion date

As im also in same condition tell u that u have to seek permission from lower court if that decline then from session court if declined there then high court if u r lucky u will get it then u have to give surity bond by some relative what that amout is depends upon judge

But its not impossible to get permission to go abrod but not easy even the court will look at why u r in hurry to go abroad in between the process so my not give u the permission  so wait till the divorc3 happen then go ok

If u want to ask anything eles let me know

Vivek (na)     26 November 2013

Yes, first motion is completed, second motion is due in April and FIR quash in March.  We've paid her half of the amount towards settlement in the first motion.

I don't know why there would be a problem.  First motion is already completed, 50% of the payment has already been paid off, I agree to provide Special Power of Attorney.  What else do they want more?

Reason I am in hurry is because I returned from abroad to solve this matter, I had been expelled by the University, if I don't start my studies again than I cannot re-apply before March.

That's being said, I have been following court orders and we agreed on all of their demands.  What else Hon'ble court wants from me more?

K*I*L*L*E*R (tech)     26 November 2013

That will depend upon the discreation of court

Vivek (na)     26 November 2013

I understand that, but I don't see any reason why my presence is required anymore.


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