My wife filed 498a police complaint. Can I travel abroad now?
I am working in PUNE & My wife is from Andhra Pradesh. She has not living with me since last 1.5 years. So i have filled a case against her for 'PETITION FOR RESTUTUTION' section 9 and i have also taken Anticipatory bail in PUNE. For this they have responded negatively and filed an Police compliant of Section 498A against me. I have been couple of times for police investigation. But from my wife side she was not present. And now i have an offer from my company to fly to UK for 3-4 months tranning proggram. Now in this suituation can i fly to UK. are there any issues if i fly to UK in this situation.
Asked in Criminal Law from Pune, Maharashtra
1) what are terms and conditions for release on bail ?
2) you would need court consent to travel abroad if any conditions have been imposed by court
I am working in PUNE & My wife is from Andhra Pradesh. She has not living with me since last 1.5 years. So i have filled a case against her for 'PETITION FOR RESTUTUTION' section 9 and i have also taken Anticipatory bail in PUNE and they had avoiding summons from court.
First there was counselling coundected by 'Womens Protection Cell' and later as there was no compromize from their side.
And also she has filled an MC maintenance case also.
Now they have also filed a complaint in Police compliant of Section 498A against me in Andhra Pradesh. I have been couple of times for police investigation. But from my wife side she was not present. And the SP had seriously warned them to attend next investigation with out fail.
Now here i should take an Anticipatory bail from Andhra Pradesh also.
And now i have an offer from my company to fly to UK for 3-4 months training program. Now in this situation can i fly to UK. are there any issues if i fly to UK in this situation.
Asked 1 year ago
1) if 498A case is filed in Andhra Pradesh you need to obtain AB in Andhra
2) fly to UK after obtaining AB
And now i have an offer from my company to fly to UK for 3-4 months tranning proggram. Now in this suituation can i fly to UK. are there any issues if i fly to UK in this situation.
Though there is a pending criminal case against you, if there is no restriction to travel abroad, you may do so at your own risk by an arrangement with your advocate to take care of the case during your absence and also to obtain permission from court to dispense with your personal appearance by filing a petition under section 205 cr.p.c. In the given situation if you are permitted to do so, you can flay back to india during important stages alone to attend the court on such dates of hearing.
You can fly immediately if you have no time to apply for bail.
Pendency of criminal case is no hindrance in flying abroad.
as per your question you cannot fly to UK because criminal case pending against you.
at this stage you have to take the permission of the court by filing criminal miscellaneous petition in the court by showing the proof that company has given 3 to 4 month training program and showing sureties to the satisfaction of the Hon'ble court if the court is satisfied with your pleading the court can grant the permission to fly for training program
Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. You have stated that you have applied for anticipatory bail. So if bail has not been granted yet then you should defer your plan to go out of India till such time that you obtain anticipatory bail.
Hi, For travelling abroad nothing will happen and it is not a criminal case as like a murder or Robbery and it is dispute between husband and wife and in order to harass you she lodge a complaint against you. So it is better file an application before the court for permission to visit abroad and then you can travel to abroad.