1) If she has filed false 498a against you and your family than you can apply for trash in High Court.

hello

        the SC has recently overturned its previous judgment (given a year ago) wherein it has stated that FIR can be lodged immediately in such cases. therefore, inform the court and take appropriate permission otherwise your passport may be impounded. also, she may rope in your parents too, she will do that definitely, as girls nowadays do. therefore try to settle the matter first, if not inform the court, otherwise she may state this in court and warrants may be issued.she can again file a case against you and your family. it is important to know what does she want. if she wants to come back, but there are irreconcilable differences, then to you have to tell her and go for mediation.

regards

If you inform the court then there are all the chances of your passport being impounded.

So go without informing anyone. Don't tell your relatives or anyone that you are flying to US. If your in-laws get to know they will or can easily stop you by informing the court.

Inform only your Advocate so that he can file exemption petition. Ask him to take longer dates by bribing the bench clerk.

Meanwhile, approach the High Court by fikifi for quash of the charge sheet. Although it's unlikely to quash, your main aim should be to get a stay. Once you get a stay, then the lower court will automatically give longer dates. Then you can take your time to convince her. And at High Court it takes more than a year to be called again (after admission).

If HC grants a stay then you need not worry. You can inform anyone and everyone. If not then you have to keep it a secret.

Btw if you get her back she can file more cases or even aggrevate the present case. What if she now runs to the police station screaming that you hit her? What if she comes home and commits suicide?

You will be deep shit if you get her back.

498A can be filed any number of times so long as you're married and within 7 years of marriage.

And if she withdraws she can reopen the earlier one.

So don't be over smart.

Approach the HC for all of you. Atleast it can be quashed against your family members of not you.

Do rate the answer

1) you need to obtain court permission for travelling abroad during pendency of 498 A case 

2) you cannot simply travel abroad without court permission . 

3) if you are not present in court then bailable warrant can be issued against you 

4) if you go to USA without informing her she may after with drawal file fresh case against you and your family members 

Better  obtain a clearance certificate from police which in-turn mean that your presence is not required for remaining or further investigation for a stipulated time you mention in your application.

File an application before JMFC seeking permission to go abroad, court would ideally decide this matter in a month time.

Very important is to talk to local lawyer to file the application before JMFC court. Submit all the documents stating the need of your travel & duration. If possible mention that how it can affect you financial growth in case declined by court so court should not deprive you from exercising your fundamental rights.

oreign travel comes under liberty & fundamental rights so there is less chance of court refusing your application to go abroad.

1. You can go US with permission of court even if the case is filed.

2. No you have to file an application for seeking permission and permanent exemption from appearrnace in court.

3. Court can issue NBW agaisnt you and further in certain circumstances there can be revocation of.your passport also.

4. Yes she can file a new case and can include parents too even living seperately.

Sir file a quashing petition before high.court there may be chance high court quashes the FIR.

1. As per the information mentioned in the present query, makes it clear that you definitely do not want her back in your life.
2. If you settle the matter any how with her, and she takes her cases back then thereafter if you happen to leave her then she may not be able to open up the prior case, but surely would file another frivolous case against you, and that is when you will be in problem even if you have flew to another country.
3. As your company may be asked to pull you back here, and I believe that company will surely do that to avoid any criminal proceedings.
4. I advice you to please contest the case, and make an application before there court about the permission to go for work in another country subject to conditions put by court.

1. Once the court acquits you there cannot be another 498A unless there is a fresh cause of action in her favour. She can subsequently file another 498A only if she can show that she has been harassed even after the culmination of the first case. 498A is a continuing wrong, hence a fresh case can be filed if there is a fresh cause of action even after acquittal. Nobody can guarantee that on second occasion she will not array your parents. The tendency is to include all family members as many times the case is filed.

2. You are free to move to US even during the pendency of the case, but you are bound to appear in the court whenever mandated.

3. Unless the court has mandated in bail order that you must intimate it before going abroad you are not bound to inform it.

You cannot travel abroad while there is a criminal case pending against you.

If it is known that you had left the country without informing the court or taking permission from court, then the court may cancel the bail first and then it may initiate action, with NBW and declaring you as a proclaimed offender.  You may have to sacrifice your career opportunity if no compromise arrived.

She cannot file the same case once again on the same grounds if her case has been dismissed by court.

You may try the option of filing quash petition if you are confident that she has filed false cases against you.

Dear Sir,The following information may kindly be read. It will helpful to you.

It is cognizable, non-compoundable and non-bailable except there is a little difference in Andhra Pradesh, it’s compoundable there.

Considering your question where investigation is still going on that means the charge sheet or the final report is not yet submitted to the court. In this case you need to obtain a clearance certificate from police which in-turn mean that your presence is not required for remaining or further investigation for a stipulated time you mention in your application.

DO NOT run away directly as the police may ask you to visit PS frequently (more in case your wife is trying to make you suffer). There are more chances that court will allow you to go or direct police to complete their investigation ASAP.

1. File an application before JMFC seeking permission to go abroad, court would ideally decide this matter in a month time.
2. Court will either direct police to complete the investigation & submit the report before court or will ask for their say & Public Prosecutor's say. Here these guys need to mention why you shouldn’t be allowed. Belive me PP wouldn’t do that much as they know that court will anyway let you go. The only statement that you can expect from PP is “He needs to be here to complete the investigation & court proceeding as his travel is delaying the procedure & in-turn justice to the victim which may already take couple of years” .
   
3. Foreign travel comes under liberty & fundamental rights so there is less chance of court refusing your application to go abroad. Please refer below citations

   1. Landmark judgement in this regards :  Maneka Gandhi v. Union of India[AIR 1978 SC 597]
   2. Satwant Singh Sawhney v. D.Ramarathnam, Assistance Passport Officer, New Delhi [AIR 1967 SC 1836]
   3. Universal declaration of Human Rights, 1948, Article 13 (2), Everyone has the right to leave any country, including his own, and to return to his country.

4. Very important is to talk to local lawyer or law expert to file the application before JMFC court. Submit all the documents stating the need of your travel & duration. If possible mention that how it can affect you financial growth in case declined by court so court should not deprive you from exercising your fundamental rights.
5. Though this aspect does not come under this question but I would recommend to go for AB (Anticipatory bail) since you are travelling abroad.

You can appoint a lawyer who will attend the court proceedings. Your presence is not necessary in every hearing. If you abscond like this then the case will go against you.  If you have merits in case you can also file for quashing in HC.

You can file for divorce on grounds of mental cruelty 

2) wife filing falseDV /498A cases amounts to mental cruelty and is ground for divorce 

3) if there is substantial differences in your income then only would wife get maintenance 

4) legal fees vary depending upon lawyer engaged by you 

5) you can with court permission travel abroad for work purposes 

1. It is your own decision to file a divorce case, there is nothing that you may have to wait for filing this divorce case because it is your prevailing situation that prevents or pushes you to file this divorce case.

2. It is not necessary, you can always reject her demand for huge amount, let the court decide.

4.  The lawyer fee for divorce case will depend on the lawyer even if it is a mutual consent divorce.

5.  You better clear all the pending cases and then proceed.

1. Yes you can file a divorce.on ground of cruelty.

2. If wife earning and qualified then huge alimony will not be payable.

3. Separation from parents amount to cruelty you can use that in divorce.

4. See in mutual divorce it depends on settlement amount other wise other expenses in mutual shall be less.

5. You should settle with wife and then you can get cases quashed and then can freely go this is fastest way out.