MyNation Foundation Forum » Advice » Domestic Violence

Possibility of getting NOC for going Abroad for undertrail 498A cases

(5 posts)
  • Started 7 years ago by rahul_bose
  • Latest reply from Dr.Dsouza
  • poll: Can the victims of 498A (false case) travel abroad?
    Yes : (1 votes)
    17 %
    No : (1 votes)
    17 %
    Yes, on condition(Should represent on Hearings) : (4 votes)
    67 %
    No, However till the Verdict is given : (0 votes)

Tags:

  1. rahul_bose
    Member

    Hi,
    Me and my parents have been charged falsely under 498A by my wife last year. After spending 6 days in Judicial Custody I got bail. Trials for 498A did not start so far.
    Moreover my wife after lodging complaint she flew abroad.
    I used to study in Australia and happen to get my Residency(PR) of it, however it is mandatory to renew my Visa for every 6 years.
    I got my PR in the year 2004 and its going to expire in the year 2010. At the time of counseling I gave my Passport details to Police station and now I came to know that they barred (Blocked) me from going abroad, However I am still holding my passport and I got unconditional bail.
    I am required to go back to Australia and stay there for a month to renew my Visa failing which I may loose my residency.
    In the present scenario following are my queries -
    1. Is it at all possible for a me to get a NOC in the present scenario?
    2. As per India Passport Act, passport can be issued if a NOC letter from a competent court is produced. Can I go ahead and apply for a NOC in the Trial or Higher courts?
    3. What are my other options in this regard?

    Both my Father and Mother are under bail for 498 A along with me. I have been searching for helps/suggestions in every possible way but everything seems to be falling apart when I came across this Group. Pls help me with the Answers to my above queries.

    Thanks and Regards,
    Rahul Bose.

    Posted 7 years ago #
  2. Dr.Dsouza
    Member

    If you get NOC from court you can go back to australia. on promise that you will be back on next hearing. else your Bail guranter will be in trouble.
    You can get NOC if your lawyer present your case well
    If other Party do no tobject.
    Still its upto Judge and your Fate.

    Posted 7 years ago #
  3. rahul_bose
    Member

    If my wife is not attending the court(For 498A), can her father attend on her behalf. through GPA.
    Wat if i apply for Divorce can her father fight the case keeping GPA?

    Posted 7 years ago #
  4. rahul_bose
    Member

    If my wife is not attending the court(For 498A), can her father attend on her behalf. through GPA.
    Wat if i apply for Divorce can her father fight the case keeping GPA?

    Posted 7 years ago #
  5. Dr.Dsouza
    Member

    Others cannt represent in Divorce.
    if she is not attending ask court to drop the case. You can approch HC on this and go for time bound too.

    Posted 7 years ago #

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