• PCC Clearance

A family member was visiting his home town for two weeks when his brother's wife filed a case of domestic violence against all the members of the family. The case has now been committed to the court and mediation is on. 
He lives in Australia and has an Australian passport. He has applied for prospective marriage visa for his fiance who is from India. He has been asked for PCC in the country of residence as also in India through VFS as he is in Australia for last eight years and PCC from India is required if the stay in Australia is less than ten years.
Should the family of fiance wait for the PCC to come through before going ahead with the wedding ?
What are the implications on the fiance getting prospective marriage visa if PCC comes with the remarks of him being named in the domestic violence case ?
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) family must wait for PCC to be issued before they proceed with the wedding

2) it is for australian authorities to decide whether to issue visa or not .

3) bridegroom should apply for discharge in DV case .

4) no DV case is maintainable against bridegroom as there is no shared household

5) he has not stayed in said house with his brother and his wife

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The filing of DV case has nothing to do with the PCC . So he can well apply for it.

2.There is no chance of getting him named in PCC if DV case is filed.Such question arises only if 498A case is filed.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

No doubt the marriage is not based on the police clearance certificate nor it depends on her visit to Australia immediately after marriage.

But since the reasons that may be a hurdle to her travel to Australia is evident now in the form of PCC, there is nothing wrong to postpone the marriage ceremony till a concrete shape is seen on this.

Domestic violence case in India is quasi criminal and quasi civil , moreover it is not a police case hence it may not reflect in the PCC report, hence there is nothing to be worried about this.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

A domestic violence case is not strictly a criminal case as the respondents cannot be imprisoned or fined unless the protection order is breached in terms of section 31 of the Act. It is a quasi civil case. So the PCC cannot record an adverse finding.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear ...

There is provision of quash petition ....which will file in the Honble Court....its better that you can show the file....deeply suggest you regarding the case..

Regards..

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

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