498a - can i go abroad on b1 for 2 months

Hi Experts - I am gifted with 498a package. Last month I attended court and received Maitenance petition U/s 125 and I need to file counter by 15th March.

When this mess is all going on in India, can i go on B1 visa abroad for a couple of months?

I have informed everything to my manager and he is worried whether to send me or not?

I am on regular bail. CS is not yet filed. 

1. Do I need to seek permission from the magistrate to go abroad?

2. Can I give vakalat to my advocate and get relief of personal appearance on court dates?

What else options do I have, Please guide me in this situation.



if the bail condition do not contain any condition s to appear in court or police station then you can travel. unless charge is filed you wont need to appear in court so you can travel.


Advocate/ nadeemqureshi1@gmail.com

Dear Krishna if you bail is not condition bail then no need to worry about it, you can go any where in the world and no need any permission from the court. yes, you can give vakalatnama to your advocate for your personal appearence. feel free to call

Thank you Sanjeev and Nadeem.

I was granted conditional bail - which asks me to sign in Police Station couple of days a week for a month. I have done so for a month. No other conditions mentioned.

After I left abroad without any permission from the Magistrate, WHAT if I had to attend he court?

1. There are chances that the CS can be filed. So, i may receive summons for 498a.

2. I will submit my counter before March 15 for maintenance petition U/s.125 crpc. So, there may be cross examination or anything else that I need to personally attend? thoughts?

What should my application for relief from personal appearance talk about? What should be shown as reason(I believe I should dislcose the fact that I am abroad).

Asusual thank you for your invaluable advices.



I was booked in 498-a in feb2013by my mother in law after my wife got mentally retarded bt brain encephalities in sept2012. I got bail but had to surrender my passport which is now lapsed to IO. now I have joined a company where i need to travel abroad. 17Apr2015 was my hearing date in e-court before Judge Ravinder Dudeja in karkadoom court delhi. My IO had intentionally informed my in-laws who came without any summon . IO saying since chargesheet is not filed you will get it back whereas lawyer said it doesnt matter. Although it was strike day and now my date is 20apr 2015 . 

Will i get it ?

If my inlaws will oppose , judge will consider?

filing charge sheet is must before getting it released ?

Please answer these questions




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum


  LAWyersclubindia Menu

IPC Grand Course     |    x