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AryaVrat (Executive)     01 April 2015

Please reply Urgent 498A

My wife filed a 498a as she knew I have a client facing job and my work location is Abroad. Though my opportunity came before filing FIR,  I applied for AB. She pushed court to add a clause to not go Abroad without court petition. Though all work permit and visa were applied before FIR. My lawyer said She will push the court not to let me go and my job will be lost. He advised to go onsite breaching clause and later he will withdraw the AB from court. He also said that this is the only way I can save my job as court will take time to grant permission and chances are weak. In the meantime we have applied for quash petition this week. 


Any expert please advise. Also is there any judgement which I can cite that this was necessary to save my job. 


I really need an expert advise.  Will appreciate it. 


 3 Replies

Rocky Smith (Instructor @ Calcutta (     03 April 2015

Sudhir Kumar, Advocate (Advocate)     16 May 2015

If it is your  frirend's query then you are not well informed. One thing your friend (apprently you) need to understand

  1. When court (or legal procedure) has forbiddn one to visit abroad without permission the it is mandatory and statutory liability.
  2. Command given by a private employer does not override the judicial dictate or statotoruy requirement.
  3. Merely filing an application before court is no obligation for the court to dance to his tunes and there is no provision for suo-motto presumed permission.
  4. The accused has done a wrong and he is at mercy of court and nothing more than unconditional apology can save him.

Sudhir Kumar, Advocate (Advocate)     16 May 2015


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