• Land grabbing case

My father is an exservicemen and served army for 17 years and was involved in a protest with government to allocate land for ex servicemen. The MRO has filed a land grabbing case as , they had tents in government land as part of protest. This case has been going on for almost 2-3 years.
we want to apply for a visitor visa for our daddy for australia. will it be a problem?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

you have to disclose the pending case in your visa application

2) your father can be granted viss to travel to Australia as he has not been convicted of any offence

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

If no case has been filed against you then you can easily apply for VISA that will not be an issue, but if a case has been filed or is pending before any court of law then it will be little difficult to file an application for VISA

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

What kind of charges are framed?? Under what sections FIR is registerd.. If there is a trial going on , then you may have certain issues in applying VISA

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Hi

Since it is a visitor visa which is of short duration, there is NO bar on your father travelling abroad unless and until the court has specifically asked your father to be in court jurisdiction in either bail condition or any other court orders.

However if you still want(even assuming there is a bail condition or any other court order) , you can always request the court permission for travelling overseas and courts in general will be inclined to grant permission as the duration of stay is for a short period.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1. Tents cannot be constructed on the govt land even during a sit in protest.

2. If the FIR is lodged then this may become an obstacle to grant of visa.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If there is no pending criminal case or if there is no restriction to travel outside India, your father can travel for a short trip to any foreign country and return to attend the court proceedings.

However it is always advisable that he seeks permission from the concerned magistrate court to travel abroad during the pendency of a criminal complaint case against him.

This will enable to get him visa without any hurdle.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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