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Legal service India => 498A IPC => Topic started by: abhishek.lathar82 on January 21, 2018, 12:37:44 PM

Title: Impact of 498a on New Zealand/Australian partner visa
Post by: abhishek.lathar82 on January 21, 2018, 12:37:44 PM
I am facing 498a DV12 SEC125 etc and under trail from last 5 - 6 years. Obviously these are false. No child is born and conflict arised merely after 6 months of marriage and girl is staying with her parents and filed these cases 5 years back. I am out on Bail and parents are also removed by session court and High court being found innocent. Mediation attempts are failed and girl side are rigid saying they want revenge and do the worst with me. So I have moved on after a lot of stress and tension for over 5-6 years and now focusing on cases as well as on career.

Now I have moved further with living relationship from last 2 years and my living partner is now outside India and got New Zealand PR. I have read that there is provision of De facto Visa in which even married person can get partner (de facto) VISA and can live and work in New Zealand. I don't have passport too, which I know I can get it with 1 year validity after taking the permission from court.

My question is:
Shall I proceed and apply for this partner visa. (My living relationship partner is ready to sponsor it)
What will be the impact of PCC (since i am facing 498a, DV etc cases) on VISA
Can police give PCC in such cases.
In this VISA you need to submit Medical and Police Clearance. So I am not sure what will police give PCC or not and will New Zealand High commission give VISA or not.

I am willing to take any expert lawyer to takeup my case up if there is any possibility to get passport with court permission and PCC in such cases.

Note: My case is different as cases are 101% false and there is no hope of settlement from girl side. Therefore I had to take this decision to move on in life and involved in living relationship with 100% support from my living relationship partner and her family and my family., As there is no other alternative left for me apart from this.
Last option is also acceptable in worst case scenario that I will ask my partner to drop her PR and come back to India, we both can live in India too if there is not any hope to visit abroad.

Or if it is not advisable, than Than Can I keep visiting abroad on tourist VISA?
I can come on hearings which need mandatory presence of accused (me).

But my wife have mentioned in her complaint and in all trail cases that I am planning to flew abroad hence his passport should not be allowed. And the passport I was having was surrendered to passport office because she made complaint in passport office that I have not declared martial status and cases on me while renewing the passport. Therefore passport office asked to surrender the passport which I did.

Note: All attempts of resolution and settlement made in last 6 years by us are failed as girl and her parents are rigid on the point that they will take revenge as I have refused to continue with her due to many serious reasons and acts she has made. So settlement seems to be impossible. I am paying maintenance of 16500/- per month which is more than her family income so that are highly satisfied with such amount and not going for settlement.

Can I get passport renewal permission from court in such circumstances?
in tourist VISA application, PCC is not required, so should I mention about the trail I am facing in my tourist VISA application?
Title: Re: Impact of 498a on New Zealand/Australian partner visa
Post by: advjaibansal on February 14, 2018, 04:54:27 AM
Dear Sir,

In police clearance it will only come that your wife has filed a criminal case for dowry harassment, which happens with lot of people who are residing abroad on visa. It may not be affecting you in getting the visa despite the fact that in police clearance there is averment about criminal case filed by the wife.