• 498a

I have a false 498a case on me, filed by my wife on may 2015. My wife did not produce evidence in court yet.. , following the FIR, I filed divorce petition which is also going on. 
She not ready to agree for divorce, or close FIR case until I give her 66percent of all my properties and earnings. Shes not appearing in court for the evidence trial, she just sends a letter to court thru her brother saying that shes not in good health. 

My query is..... I need to travel abroad... japan , on an official trip for six months, type of visa would be work permit.... am I allowed to apply for work permit as the visa documents would ask for any criminal case records... if im allowed to travel, whats the legal formality to get permission from court...
Asked 11 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you should make application to court that you want to travel abroad for 6 months for work purposes

2) court would grant you permission to travel abroad subject to certain terms and conditions 

3) you should not bow down to black mail tactics and pay your wife 66 pr cent of all your properties 

4) contest case on merits 
Ajay Sethi
Advocate, Mumbai
24865 Answers
1338 Consultations
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Hi, you can file a application in the court for seeking permission to travel to Japan, Normally court will allow your application  and permit you to travel abroad.

2. If the wife did not turn up for giving evidence before the court, normally court will give two or three chances then court will dismiss the case.
Pradeep Bharathipura
Advocate, Bangalore
4164 Answers
141 Consultations
4.3 on 5.0
Unless the court has placed an embargo on your travel out of India you are at liberty to fly abroad but you should appear in the court whenever directed to do so. In so far as visa approval is concerned the pendency of criminal case could be a major roadblock in obtaining it but off late the embassies do not ordinarily deny visa due to pendency of 498A.
Ashish Davessar
Advocate, Jaipur
18884 Answers
474 Consultations
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This depends on the court fee prescribed by the state govt. Only a local lawyer can answer this.
Ashish Davessar
Advocate, Jaipur
18884 Answers
474 Consultations
5.0 on 5.0
You have to make application before court where your trial is pending 

2) court fees would be nominal 
Ajay Sethi
Advocate, Mumbai
24865 Answers
1338 Consultations
5.0 on 5.0
Hi, You need not pay any court fee for filling application.
Pradeep Bharathipura
Advocate, Bangalore
4164 Answers
141 Consultations
4.3 on 5.0
My query is..... I need to travel abroad... japan , on an official trip for six months, type of visa would be work permit.... am I allowed to apply for work permit as the visa documents would ask for any criminal case records... if im allowed to travel, whats the legal formality to get permission from court...
You can apply before court for permission to travel abroad with proper justifications.  However the court may not entertain work permit visa.  Short term permission itself will need heavy formalities. 
T Kalaiselvan
Advocate, Vellore
15366 Answers
141 Consultations
5.0 on 5.0
any idea what would be the court fee for the application seeking permission to travel out of country

There is no court fee payable for this purpose, however your lawyer's fee to be confirmed by him alone.
T Kalaiselvan
Advocate, Vellore
15366 Answers
141 Consultations
5.0 on 5.0

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