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Rukumar (No)     15 July 2014

Is it possible to go for job at overseas with 498a & dv

Dear Legal Experts

Being hit by 498a and DVC.

498a in evidence stage, girl had came for statement, next hearing for crossing the girl.

I got the job apportunity at Saudi.

My question Is it possible to go for job at Saudi in this stage of case, where girl is insisting for presence of A1 every time?

What is the Procedure?

how much Damage the girl can do in this scenario?

Do courts give permission easily?

what will be the expenditure to get permission?

is it mandatory to take the court permission to go overseas for job purpose?

Plz Give ur expert opinion.




 9 Replies

Rangee (Lawyer)     15 July 2014


If courts permits you may go to saudi. The permission is likely to be rejected by the court, since you are facing criminal case. No expenditure except lawyer fee there will no court expenditure. It is mandatory to obtain permission of the court . If you proceed with out permission and if the court is informed, your passport will be impounded.



1 Like

Rocky Smith (Instructor @ Calcutta (     15 July 2014

Make petition U/S 205 CrPC for exemption from personal appearance by showing your job condition in the same court where the 498A is going on. You will make your professional appearance through your lawyer.



Ref: -

Rukumar (No)     20 July 2014

Thank you Rangee and Rocky

Is it possible to get the court permission by making some security deposit and assuring the court that if required i will be back to India for trial.

How much chances are there that i may get a permission from Court?

Its my livelihood and earning purpose do court think accordingly...

what the girl can do in this scenario...she is very desperate to harass us in all possible way...

experts plz give ur comments


Rocky Smith (Instructor @ Calcutta (     20 July 2014

The court does not hamper anyone's career. Please make petition as said above. You will do your professional appearance through you learned council. You need not to be there physically.

Sudhir Kumar, Advocate (Advocate)     20 July 2014

you can seek permission of the court and it hs discretion to allow you to visit abroad.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 July 2014

It would depend on which state/ city the case is in to ascertain the difficulties you may face in such situation. In Delhi, you may get this permission easily, whereas in Haryana and Punjab, you would need to go till High Court to get such permission.


So better ask a good lawyer in the place your case is in. All in all, if it is just 498a and 406 case, permission would be granted at some stage.



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     23 August 2014

I agree with Mr Sudhir Kumar sir. It depends upon case to case.....

Rocky Smith (Instructor @ Calcutta (     24 August 2014

It depends on Advocate to Advocate not case to case. ;)

Ashok, Advocate (Lawyer at Delhi)     24 August 2014

I am handling a case in the Supreme Court, wherein the SLP of the husband against a verdict in domestic violence case was rejected by the Supreme Court and his revision application in a conviction under Section 498A IPC was pending before the High Court (conviction was by Magistrate and appeal was dismissed by Sessions Court and the revision was pending before HC), and yet even at this late stage when the guilt had already been established, the Supreme Court had allowed the husband to go to USA for six months for a job. In that case, the husband did not return from USA even after the permitted period of six months, hence the case is now pending before Supreme Court for bringing him back from USA.


So, the point is - there is no general rule restricting foreign visits of an accused person who is on bail. Permission to go abroad depends on the facts and circumstances of the individual case. Usually, such permission may be granted subject to reasonable / strict restrictions aimed at ensuring that the person concerned returns when it is necessary as per law.


Also, remember that in the famous case of Maneka Gandhi  v.  Union of India, (1978) 1 SCC 248 : AIR 1978 SC 597 : (1978) 2 SCR 621, a 7-Judge Constitution Bench of the Supreme Court had held that the right to go abroad is included within “personal liberty” guaranteed as a fundamental right under Article 21 of the Constitution and that this right can be taken away only in accordance with procedure established by law, and moreover, “procedure” mentioned in Article 21 cannot be arbitrary, unfair, oppressive or unreasonable.



The fact remains that your right to go abroad can be curtailed only in a lawful manner. Usually, a condition is mentioned in the bail conditions restricting foreign visits without court’s permission and sometimes passport is also required to be deposited with the court / police. I do not know what are the bail conditions in your case. But, it goes without saying that notwithstanding any such condition imposed while granting bail, such a condition can always be relaxed by the court subject to reasonable restrictions if you can show genuine reasons to go abroad. In fact, there are a large number of cases in which accused persons on bail, seek permission from court to visit abroad and they are in fact granted such permission by various courts. So, you’ll have to try it by making an application before the court.

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