rajan kumar (Employee ) 24 October 2021

498a, dvc -sibling travelling to india

Dear All,

Kindly provide your valuable guidance on the below.

My wife has file filed a 498A, DVC cases a few years back against me, my sisters, and my parents as well. Due to covid, the cases were kept on hold in courts for now.

My elder brother who stays abroad was never been mentioned in any one of the cases by the opposite party. He is now planning to India for visa renewal and wanted to stay with us for a few months.

Note: He is staying abroad for the last 10 years and visiting India for the first time. He has not even attended my marriage as well.

Will these cases cause any impact on my brother's visa process/travel or opposite party may create any issue for him?? Please guide as this is urgent

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Pradipta Nath (Advocate) 25 October 2021

See, ths 498A is a non bailable and cognizable offence. At the same time Police cannot arrest without conducting an enquiry as far the SC judgement prescribes. Also there are many instances that Police got very reluctant to issue 41A notice, though they may have shamelessly issued 41A notice in 376 offences!

Now in this concern, may many lawyer suggests their client not to enter India whether Look out Circular issued or not and save himself from arrest or or to avoid travel or to get into lengthy litigations. But it is my personal opinion, that this rule may be applicable for the actual offenders but not to the innocent people! As unless you face trial, there is no scope to fight for your case and you cannot set yourself free from the false charges!

Aside a 498A or DV Act charge is ought to impact your visa!

Therefore decide accordingly!