• Can visa application get rejected if dowry harassment case is open

Hello, 

Need your assistance here.

I am married man fighting a Dowry harrassment case against my wife. 

I got married on May 2015, and separated with my wife since April 2017. At this point she is staying at her parents house. And i am staying with my parents. No childrens though.

Little background about my case.
After 3-4 months in our marriage, my wife started making issues at home. She made quarrels at home numerous times in this 2 year. 

I wont bother you with all the things because that would make thia poat longer and doesn't help with the queries but would like to highlight that it involves violence and assult from her end on me and my mother. 

I have filed a judicial separation case and fighting on basis of cruelty of my wife. But they have gone ahead and filed false FIR against me and my parents with section 498a, 504, 506, 323 and 406.

I have applied for Anticipatory bail here is court and soon it will be granted.

My Query: 
My current organisation wants me to travel Australia for first for 2 weeks on business visa and after that 2-3 months on temporary work permit visa for official work. As of now i dont have applied for any of the 2 visa, but need to apply for it soon. This is very good opportunity for me to grow in my career.

1) Can i apply for the any of the 2 visa and this FIR and case against me will cause any rejection?

2) Incase visa is rejected, is there any way i can reply and get it approved with any document from court ?

3) Incase if visa is approved at first attempt (chances of which is looking slim as per my knowledge looking at FIR and case), can I travel to Australia? If no is there any provision for me to request court and they allow me to travel.

Kindly assist here, i am in urgent need for assistance here.

Thanks in advance.

Regards,
A troubled husband.
Asked 8 years ago in Family Law
Religion: Hindu

5 answers received in 2 hours.

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17 Answers

Hi,

While applying for the anticipatory bail you should maintain to the court about your foreign travel plans and ask for the permission to travel.

The visa applications must be applied along with the court permission to travel abroad to get the visa approved coz application will have the declaration in this regard.

Please keep in mind that your travel overseas will be contested.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Pendency of 498A case is hindrance to get working visa nor such enquiry is made. However at the time of grant of anticipatory bail the court may impose restrictions on your foreign travel on which event you will have to till such restrictions is waived which is though done after sometime.

2. I do not find any reason for rejection of bail on the ground of 498A case. Rather your main concern should be to get relaxation on condition of bail is such restrictions are imposed.

3. same as above.

If you need assistance to get the condition waived or relaxed feel free to contact.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Please note if you are not permitted by court to leave jurisdiction of court then your visa will get rejected, if there is no such order in your bail then you can leave country but again it depends on consulate .... and if you lie to consulate regarding pendency of case they can get you arrested

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Your visa may be rejected on account of pending criminal case

2) if your visa Is approved you can travel abroad for work purposes

3) permission from court would be necessary if any conditions are imposed by court in grating bail

4) you will ha e to in your application mention details of your travel , the hotel wherein you would be staying etc

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

I would suggest you to bring this matter in eyes of court and apply for permission to travel abroad with assurance that you would come back and join the court proceedings.

I think you Will be permitted and could travel.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Client,

1) Can i apply for the any of the 2 visa and this FIR and case against me will cause any rejection? - U need to make declaration if any criminal case against u,u can conceal or lie, it may rejected on this point.

2) Incase visa is rejected, is there any way i can reply and get it approved with any document from court ? - with court permission, u may get visa

3) Incase if visa is approved at first attempt (chances of which is looking slim as per my knowledge looking at FIR and case), can I travel to Australia? If no is there any provision for me to request court and they allow me to travel. - for bonafied reason, temporary stay, no question to avoid court proceeding, bond that u will appear before court as when u will call. it may be allowed.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes the visa application can be rejected due to the pending criminal case

If any special condition has been imposed by the court while granting bail then permission from the court is to be taken by you.

You may suitably get the same condition on the bail from the court, there will bot be much problem.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Whether or not you will be permitted to be travel outside India, depends on the conditions in your anticipatory bail. Generally speaking, anticipatory bail conditions are restrictive and prohibits travel.

Once you are granted the anticipatory bail, check with your lawyer to find out whether or not you need any permission from the Court to travel abroad.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Respected sir...

It seems that you belongs from a good family you have a number of options left in your future and there is one obstacles in that is your wife ...If she moved against you with false aligation why can't you give her divorce ...In that case she might ask a huge amount of money from you but sir one time settlement and tension free life matters for a person such as you who are facing these problems ...Be strong you are not only the one who is facing ... Just enjoy your life and show to her that you are very happy without her ...Go ahead brother life is very bright as well as your future...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hi

1) You can travel to Australia as your trip is for short term and business/Work related and the pending case is NOT an impediment for your overseas travel.

2) For grant of work related/ business related visa's in general foreign embassies do not undertake criminal antecedent's checks or pending cases checks on their own, but these embassies expect candidates to declare the same in their visa application.

3) Foreign embassies are also aware that in India women file many false cases and generally tend to give very little importance or negligible importance even if they are being made of aware such cases pending against the visa applicant. So technically the pending cases should not cause any problem in your visa application.

4)Grant of Visa/Rejection of Visa is generally based on merits of your business /work related travel purpose, your chances of returning back to your home land etc and has nothing to do with pending cases against you in India.

5) Indian courts do not have any jurisdiction on foreign embassies and as such Indian courts cannot be of any help in enabling you to obtain your foreign work/business visa.

6) If you so wish and at your discretion, you can opt to take court permission to travel overseas and in general courts grant permission for up to 12 months for work related travel and for longer periods if the court is convinced that your overseas travel will not hinder the case progress/disturb the witnesses etc.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1. Mere FIR cannot be a hinderance to your visa processing application.Until; there is no restriction by an order of court to travel abroad, you can freely apply for it.

2. Visa cannot be rejected on this ground since the police have not filed the charge sheet before court and the same has not been numbered in court, hence ,mere FIR cannot be a reason for rejection of Visa

3. Since there is no case is pending before court, you need not apply for permission to court seeking to travel abroad.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) generally court would not reject your application for AB

2) if it is rejected you can appeal before SC

3) you don’t need to fear .thete is no automatic arrest in dowry harassment cases

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Bleak chances that AB will be rejected.

Yes if AB is rejected then you will be arrested and then is will have to apply for regular bail.

Do not worry, AB will not be canceled.

Intimate us with what happened.

Best of Luck

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You can ask your advocate to present his arguments strongly based on the merits in your side. Generally the AB should not be rejected until the alegations are very serious.

2. No, they will not make the arrest immediately in the court.

They will go back t the police station and prepare all the papers for making a formal arrest.

So you will be having time to escape and go underground till you apply for AB once again after a week or so.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

HI

1. There are very less chances that your anticipatory bail may get dismissed, it should be allowed.

2. Yes police can arrest you if the bail gets dismissed. Presence of Judge or lawyer will not effect the procedure of police.

If they arrest you then file a regular bail application in Higher Court.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Not likely. The relief already given to you, must be extended only.

2. Yes, you can be taken into custody and in that vase you will have to apply for a regular bail. But this is highly unlikely to happen.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) Is there any chances for my Anticipatory bail to get rejected? - depend on facts of cases, now a days in domestic violence Case, bails don't rejects.

2) Incase if judge for any reasons decide to reject my bail. Since police are also there can they arrest or take my custody there and there in front of judge and my lawyer.? - yes

And if they do that what are my options. Do i have to go jail and do some jail time? - first for remand if required, go for regular bail than.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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