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Sandeep   27 June 2015

Can i travel to uk when i suffer from 498a?

- I am staying in Mumbai
- My wife registered a 498A complaint against me and my family at my native place Police station which comes under Solapur district in Maharashtra. .
- I got bail from Police station.
- Yet charge sheet of 498A prepare and yet it is not going in court.
- Currently my company send me to Abroad (In UK) for 4 months

So my Question is.
1) Can I travel to abroad without permission from court because yet case is not file in court? If Yes then is there any consciousnesses ?
2) Should I tell to company regarding the issue?
3) In UK Visa process should I tell them about this?

Please do the needful in this because my wife registered a fake complaint against me and my family.

I dont want to loose my onshore opportunity.

Thanks in advance for your valuable time and help.



Learning

 8 Replies

saravanan s (legal advisor)     27 June 2015

since you are in bail you need to stick to the conditions specified in the bail bond.if you dont your bail would be cancelled and you would be arrested

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 June 2015

What is the meaning of that you got bail from police station? Were you produced before a magistrate? Did you move a bail application either directly or through a lawyer? Did the magistrate then grant you bail?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2015

Since you got bail from PS, you need to see whether the bail is conditional or unconditional.

Now days police does not arrest people without solid proofs in 498A.

I think you got unconditional bail though you need to read bail conditions carefully.

Or, I think FIR yet not registered and the IO did not take congnizance. 

If your bail is unconditional then you can go abroad without fear.

 

( If conditional you can go without disclosing to anybody wink )

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2015

1) Can I travel to abroad without permission from court because yet case is not file in court? If Yes then is there any consciousnesses ?

Case yet not went to the court so don't worry. You can go without disclosing anybody. wink

Nothing will happen in just 4 months.


2) Should I tell to company regarding the issue?

No.


3) In UK Visa process should I tell them about this?

 

No.

 

Please do the needful in this because my wife registered a fake complaint against me and my family.

 

First focus on your career and do your onshore works then fight it back boldly. Please follow my links.

Ompal Aggarwal (Advocate)     27 June 2015

Section 498A is non bailable and only court can grant bail/anticipatory bail n not the police n court imposed certain conditionwhile granting bail.so I think u have to take permission from the court before leaving 4 UK

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2015

It is not a mandate that court will put condition on unconditional bail.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 June 2015

The statement of the person asking query is not clear. He does not say that he was arrested and then got bail. The way he states it is not clear whether an FIR has been filed nor whether 498A has been applied yet. If police arrests a person under 498A he has to be produced before a magistrate to confirm the application of 498A. Until then the question of applicability or non-applicability of bail does not arise. It was probably only a threat by the wife and her family so far.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2015

Agree with Dr. Ramani.


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