Can a person go to USA if a case is filed against him

639 votes

you might overlook whether any petition is filed to condone his absence or not and if you are the wife if you know his passport no please right a letter to the american embassy situated in chennai by raising objection along with the set of documents you rely that is fir, etc., then they will refuse the visa

Advocate Innamuri Balasubramanyam LawRato

605 votes

Hi
You have to get a Non Bailable Warrant issued against the person who has gone to USA since he is not appearing in the court as and when the case is called for hearing.
Unless a person has got exemption from appearance either from high court or district court, an accused has to compulsorily be present in the hearing in a criminal case.
Also for your information, Mere filing of 498A does not prevent a person from travelling abroad.
If the person who has been accused of 498A is out on bail and his bail conditions permit him to travel overseas, the accused can travel overseas.
So the next option is to check whether the accused has got any order of exemption from high court/District court.
if there is no order of exemption, then you can request the court to notice the absence of accused in court proceedings and have a Non bailable warrant issued.

Advocate Rajagopalan LawRato

939 votes

Point 1# In order to obtain US Non-immigrant visa (H-1B) they must fill out the form called DS-160. The form specifically asks 2 important questions pertaining to your case

H-1B Visa
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a. Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?

If he answers NO, and he was arrested on 498A, then he is willfully committing fraud and can lose his H-1B visa moreover he can be imprisoned in US for the immigration fraud

b. Have you ever committed, ordered, incited, assisted, or otherwise participated in torture?

If he answers NO, and you have FIR registered on him torturing his wife, again same punishment applies here and he can lose visa

Point 2# In order to renew you Indian Passport, he must answer the following question.

Indian Passport
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a. Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending before a court in India?

If he answers no, he has a huge problem waiting at the Indian immigration check point at the airport. Giving false information on passport is punishable under Passport Act, 1967

Make a prayer to HC for speedy trial to direct the session court to dispose the matter within 6 months from the day of the order. Right to speedy trial and Right to speedy justice are guaranteed by Article 21 – A fundamental right.

The said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016

Hope I have answered all your questions. Best of luck

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Advocate Sameer Hussain LawRato

950 votes

AND NOW WHAT IS THE CASE POSITION ? AND WHAT WE CAN DO FOR THE CASE? CAN WE GO AND GIVE THE STATEMENT OF PW1(his wife who got summons from court) BEFORE JUDGE WITHOUT PRESENCE OF A1. GIVE ME ANY SUGGESTIONS WHAT CAN DO NOW?

Plz contact me as I am not able to understand your actual problem online what u have posted.

Advocate Nilesh Narania LawRato