• 498a

Dear Experts,

I am Victim (Husband)'s brother, Who is living abroad.

Dates : 

18th June2013 – We lodge a complaint (Not FIR) in local police station.
4th August2013 – I left India luckily on my Company assignment.
12th Sep [deleted]A Filed in on. To All Family members.
13th Sep 2013 - Marital rape filed. To Husband.
December 2013 – DV & Maintenance filed asked for 30K maintenance (She told Victim earns 60K and he is well educated BSc and having 2 business)
January 2014 – Filed IPC 420 against me to harass me (She said I told wrong information that my brother is educated and businessman but he is not graduate and earns only 10K) and send letter to my company also , IO called my friends & company to bring me back but didn’t successes.
January 2014 : Filed quashing application in Mumbai high court but since 4 years not a single hearing. 

Few Big mistakes she did herself only to harass at most , If you look dates, She filed Marital rape next day of 498a, when she realize my brother will get bail in 498A.
In month duration only she said my Brother earns 60K and businessman and she needs 30K as a maintenance to get money, and in few days to bring me back to India she filed 420 and said he earns 10k and uneducated.

Now its been 5 years but nothing is moving even she not even filed a wrong cases but filed a different FIRs with completely opposite information. But all my lawyers said it will not help you.
I am here since 5 years now, And whenever I ask my lawyer he said if you come to India your passport will be kept in court and even if you get it you can go out for 1-2 months but cant work normally out.

Dear all, Can you please help me I really helpless by this situation I am afraid to come to India as I cant work out again. And even all these wrong this still suffering from no result , lost money , reputation , time everything.
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hello sir , since a quashing petiton is pending in high court , it is advisable to stay in JAPAN till its disposal ... There are chances that your passport may be kept by court or your travel can be restrained by court .. There is nothing to worry as a quashing petiton is pending ( even if it has been 5 years ) ...for further doubts you can contact me in person ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) quashing is to be onlyin exceptional circumstances

2) HC is reluctant to quash FIR pending completion of investigations

3) you should come down to India apply for bail

4) you can with courts permission travel abroad for work purposes

5) court can grant you exemption from personal appearance under section 205 of cr pc

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

First off all if different FIR filed by wife of brother has different and contradicting facts same can be brought on before the court.

The Quashing is discretionary power of high court and pending investigation high court generally doesnot quash the FIR. Further in matrimonial cases hc's are of view let parties settle and compromise then they quash the FIR but still your lawyer can press it when enough material available on record.

Also she must have file case under 377 not marital rape as in India there is no marital rape she must have filed for unnatural sex.

Also the case on is of 420 only you can come to india with permission of court you can travel for work also you can provide surety bonds before court and undertaking then when called for you will come down to India. At least for six month court can allow in one go if not more than that.

Also you can ask for exemption for personal appearance in court shall grant .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Querist

if there is an FIR against you under section 498A of IPC and another FIR is under Section 420 of IPC(What are the allegations in this FIR?) if the allegations are related to not returning the Istridhan then no need to worry, come to India, got the bail from the Court and your passport cannot be impound or seized by the Court, even you will get the permission to travel abroad.

Traveling abroad is your fundamental right and nobody can restrain you from traveling for your job but some restriction may be imposed upon you like appearance before the Court at the time of framing of charge and evidence.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Even based on her wrong information, your brother may file a criminal complaint against her before the court for the offence of Perjury under section 340 of Cr.P.C. read with section 182, 193, 199,209 of IPC

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. Since there is number of criminal cases ending in India there is no good if yu remain out of India and do not face the prosecution.

2. Your continued absence from India may jeopardise your situation further leading to issuance of LOC and Red Corner Notice through Interpol.

3. The cases arising out of matrimonial dispute is no more serious in India and if you apply for bail it is routinely allowed.

4 Once you get bail the court would take cognizance of your submission before the court and hence you can again travel back to abroad and join in your work.

5. In the pending criminal cases you daily attendance is not required.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. On the basis if false statements made on FIR no case of perjury lies.

2. Yes, one month is enough time.

3. No

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) it may take more than a month to obtain permission to travel abroad

2) you would not be granted permission in advance to travel abroad

3) dont be in a hurry to file application for perjury .

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Cleint,

Proceeding u/s 340 can initiate only after FIR are quashed in court for false allegation.

Contradictions in statements/Complains valid ground for quashing of FIR, poor advise by lawyer.

Your Passport might seize as you are avoiding police investigation from 5 years, no other reason.

Its, incompetency of lawyer that matter is pending since 5 years, Court are profuse of litigation but this not mean petition for quashing of FIR took this much time to list for hearing.

By submitting, due undertaking, court do not disallow person to visit abroad.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear all, Can you please help me I really helpless by this situation I am afraid to come to India as I cant work out again. And even all these wrong this still suffering from no result , lost money , reputation , time everything.

If you want to get enlarged on bail then the court may be pressurised by her to confiscate your passport. The court has non power to confiscate the passport for this reason however the court may impose condition to deposit your passport with the court till the case is disposed.

You will be in a fix if the court imposes this condition while granting you anticipatory bail.

You may better dont make any such attempt.

The quash case should have been brought on list long back, why did your advocate not followed it up properly

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear Experts thatnk you , Can you guide on below.

1. Can I file 340 of Cr.P.C. with section 182, 193, 199,209 of IPC as an FIR? for different info in 2 diff FIRs.

No you cannot file any such application because they are not maintainable as the case is not proved wrong so far. Moreover FIRs are registered by police and not be the party hence no such case would be tenable in law.

2. How long does it take to get permission to travel abroad with conditional permission? Like 2-3 weeks is enough? So i can plan my holidays accordingly.

It is the discretion of the court.

3. Can i take flying permission in advance from Out india via my lawyer?

No, there is no provision in law for that.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Perjury application would not sustain or serve purpose just based on FIR. Let her record her statements before court.

2. It takes time around one month also depend on court it can take more time also.

3. No, you first have to apply for bail, if in bail such condition is imposed that you cannot fly abroad than you have to seek permission.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In this case you can circulate the quashing matter in HC.

Yes you can file FIR under section 182,193,etc.

Yes 2 to 3 weeks are enough court gives permission as it's your fundamental right under 21 to work

You need to file permission to travel abroad only if the bail order has restrictions to travel abroad.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer