Dear Respected Lawyers, My wife filed false FIR under 498a with all possible criminal sections on me in just 1 month of marriage (In 2021) in the District court, Andra Pradesh. I did not attend any of the hearings from the district court, AP. Meanwhile, my wife ask me for mutual consent divorce and settlement. We did a MOU and got MCD granted by family court recently (July 2023), in order copy it’s mentioned that my wife to withdraw 498a cases on me. While this withdrawal from my wife is yet to initiate since we already got MCD, can i travel abroad? 1. Will the 498a cases affect my visa approval or in PCC (Police Clearance Certificate) from different state ? Cases filed in district court in AP. But my PCC will be done in Bangalore, KA. 2. Last year my passport renewal happened without any issues from police verification in Bangalore. Is that means, my visa application and PCC from Bangalore will not be a problem? Your responses are highly appreciated, please help me. I need to travel Europe for 1 year on work permit visa from my company, which helps me to grow my career. Thanks, Mahesh Reddy
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If there is no bailable or non bailable warrant issued against you and no conditions imposed by court you can travel abroad
2) it would affect your visa approval as criminal case is pending against you
3) you may not get PCC as there is criminal case pending against you
4) ask your wife to with draw 498 A case . In alternative file petition for quashing 498 A case in HC based on settlement arrived at with wife
Period of stay does not matter in filing case under section 498A. FIR is false or not is matter of trial. If case is already compromised then before final MCD you should have to get FIR quashed. Get FIR quashed at earliest. With the permission of court only you can travel abroad.
1. Yes, it will adversely effect. Today it is a computer age.
2. Passport is a different issue while visa is a separate issue.
The police will check the criminal records through online, if your details of FIR is found then it may become problem.
You can apply for PCC from Bangalore, let the police do their duty.
is 498a still in investigation or trail in court ?
For VISA approval , you have mention abut pending case. Concealing such information has dire repercussions.
Dear Client,
You can travel abroad if there is no bailable or non-bailable warrant issued against you and no conditions imposed by court. However, it may affect your visa approval as the criminal case is pending against you. You may also not get a PCC (police clearance certificate) due to the pending case.
In order to travel abroad, you can ask your wife to withdraw the 498A case against you. Alternatively, you can file a petition for quashing the case in the High Court based on the settlement reached with your wife.
Yes you can travel abroad unless you have any conditions of not to travel or taking permission from court before travel
- Yes, you can travel abroad even there is pending cases against you, however you should obtained anticipatory bail from the session court before applying for the visa.
1. Generally , the police used to enquire from the record of state of apply for the PCC, hence it depends upon the police official .
2. If police has given a clear report for the renewal of the passport , then there is same chances in visa application.
