• My wife filed 498a police complaint. Can I travel abroad now?

Nameste all,

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.   

Regard's
Srikanth
9765979760
Asked 1 year ago in Criminal Law from Pune, Maharashtra
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) if 498A case is filed in Andhra Pradesh   you need to obtain AB in Andhra  

2) fly to UK after obtaining AB 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
You can fly immediately if you have no time to apply for bail.
Pendency of criminal case is no hindrance in flying abroad.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
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  
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
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.



Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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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. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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