Facing a False 498A Charge: Will It Affect My Job Hunt and Visa Applications?

Hi, Two years ago, my ex and I dissolved our marriage by mutual consent in court. However, since she filed a case of 498A (totally false), the case is still pending in court. My ex has given a written petition stating that she filed the 498A in the heat of the moment, which has been accepted in court. My lawyer says that I will soon get chargesheeted, and the case will be dismissed soon.

My Questions:

1. I have 8 years of experience in the ITES sector and am urgently looking for a job in an MNC. Will the pending 498A case be an obstacle?
2. Will it be an obstacle in applying for a passport/visa?

Regards, Asish

No, it must not have any direct influence on your right to employment opportunities at any company, for that matter. However, it will have a social impact. This impact depends on the person conducting the interviews and the internal environment and culture of the company. It may hardly help in this case. It all depends on how mature they are and how much ability you possess in overcoming such opinions.

Are you sure his 498A case will have no impact at all—since it's a criminal case? I think that as long as the case isn't dismissed or Asish exonerated, he can't apply for a passport [since it involves police verification].

Regarding job opportunities, to the extent I am aware, PSUs usually withhold any promotions until the case is decided either way [if convicted, the person could lose his job]. In private companies [to which MNCs belong], the response could vary from company to company—have seen both types/sets of reactions—like you suggested. Based on what I noticed/observed, it seems to depend a lot on the employee's performance value as perceived within the company.

Asish—

There's also another practical aspect you need to keep in mind. Until the case is dismissed, you do have to spend time attending the court regularly—which will take a lot of leaves—quite possibly, unpaid too—which may not be agreeable to most employers—not an issue of right or wrong, but of the time spent in non-work-related activities, which many companies may not prefer.

Overall, my suggestion would be this: until your case is dismissed, I suggest you don't change your job—since you would be unnecessarily increasing the pressure on yourself. That would depend on your lawyer—on how he pushes the hearing dates.

Looking at the situation from another angle only seems to reiterate/strengthen the opinion that 498A seems to be more misused than used in the recent past.

All the best.

Regards,
TS

You seem to have forgotten one aspect of the situation Asish is in—he has to attend the court hearings until the case is dismissed. The suggestion you mentioned would only increase his expenses for travel and the leaves he will have to take from wherever he would be working.

Regards,
TS

Are you sure his 498A case will have no impact at all—since it's a criminal case? I think that as long as the case isn't dismissed or Asish exonerated, he can't apply for a passport [since it involves police verification].

Impact on Job Opportunities

Regarding job opportunities, to the extent I am aware, PSUs usually withhold any promotions until the case is decided either way [if convicted, the person could lose his job]. In private companies [to which MNCs belong], the response could vary from company to company—I have seen both types of reactions—like you suggested. Based on what I noticed, it seems to depend a lot on the employee's performance value as perceived within the company.

Practical Considerations for Asish

Asish—there's also another practical aspect you need to keep in mind. Until the case is dismissed, you do have to spend time attending the court regularly—which will take a lot of leaves—quite possibly, unpaid too—which may not be agreeable to most employers—not an issue of right or wrong, but of the time spent in non-work-related activities, which many companies may not prefer.

Advice on Job Change

Overall, my suggestion would be this: until your case is dismissed, I suggest DON'T CHANGE your job—since you would be unnecessarily increasing the pressure on yourself. That would depend on your lawyer—on how he pushes the hearing dates.

Looking at the situation from another angle only seems to reiterate the opinion that 498A seems to be more misused than used in the recent past.

All the best.

Regards, TS

Sec 498A, family matter and private issues, it has no effective impact on the public. You need to analyze the matter first, and how it is dealt with in the courts of law. You will get the answer for the kind of reply I have given in there. Also, please note that there is a difference between the proceedings and the established case. The government cannot confiscate his right to get his passport in this matter. You may call it more of a judicial proceeding rather than police investigation.

Also, consider the fact that special provisions apply when it comes to leave to attend the court proceedings.