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mastan   15 February 2016

Divorce issue nri

Dear Sir,

My wife and his family is about to file 498A under criminal offence with respect to my decree of divorce issued to my wife who is currently residing in India. I am currently in the UK and our relationship has now been ended as per Muslim Talaq Rites. 

However, I am currently in the process of extending my visa in the UK. Considering this, I have been asked a following questions while filling the application. In case if my wife file 498A case, answers to the following questions will affect my visa applciation and also may loose my job if my visa is not get extended. Could you please advise what should be done in my case and any further advises to petitions case in India, in order not to get registered my name under indian criminal offence due to the divorce matter? Thank you.

Have you been convicted of any criminal offence in the UK or any other country?  If yes, please provide the details below, including the country where convicted, nature of offence, sentence given, the date sentenced and the length of imprisonment:

Have you ever been charged or indicted in any country with an offence which has not yet been tried in court?  If so, please provide the details of the offence:

 



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 2 Replies

P.Bashista (Advocate)     15 February 2016

As you have an apprehension that your wife might file a case under Section 498A in India against you will have no relevancy to the answers to the these questions. The answer to first question will be No for obvious reason as it says 'conviction', which means you have been convicted by a Court after the entire trial. 

In regard to the second question untill and unless there is an FIR against you and you have a proper knowledge of it, you do not need to say yes to this question as well.

 

mastan   15 February 2016

Thank you Bashista for your advise. Could you please advise if there any sections available to avoid impounding of my passport so we can make a petition not to impound my passport because of current job purpose in the UK. I am doing my job in the UK, if any false 498a filed against me and I do not want to please take any risks to my job (either during/after the travel to India or impounding. Please advise for this?

Thank you very much in advance.


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