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asish.123
1

Hi,
2 years ago me and my ex 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 that she filed the 498A in the heat of the moment which has been accepted in the court.
My Lawyer says you will soon get charsheeted and the case will get dismissed soon.
MY QUESTION:
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 passport/visa?
Regards,
Asish

From India, Calcutta
BSSV
201

No. It must not have any direct influence on your right to employment opportunities at any company for that matter.
But it will have a social impact, like it depends on person taking the interviews and companies internal environment and culture, may hardly help in this case, it all depends on how matured they are and how much the ability you have got defeating such opinions ......

From India, Bangalore
tajsateesh
1637

Hello BSSV,

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]?

Reg 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 loose 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 in 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, 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 @ 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.

Rgds,

TS

From India, Hyderabad
kraviravi.kravi@gmail.com
113

change your city and start a fresh life in some other city no IT Co will go doing police verification of your native city. Just go absconding it is very difficult even for police to find a person in india..
From India, Madras
tajsateesh
1637

Hello K Ravi,
You seems to have forgotten one aspect of the situation Asish is into--he has to attend the court hearings until the case is dismissed.
The suggestion you mentioned would only increase his expenses [to & fro travel] AND the leaves he will have to take from wherever he would be working.
Rgds,
TS

From India, Hyderabad
BSSV
201

Sec 498a, family matter and private issues, it has no effective impact on the public. You need to analyse the matter first, and how is it dealt in the courts of law. You will get the answer for the kind of reply I have given in there....... And, also please note that, there is a difference between the proceedings and the establish case..... the government can not confiscate his right to get his passport in this matter......... (you may call it more of a judicial proceeding rather police investigation....)
And also may consider the fact that the special provisions apply when it comes to leave to attend the court proceedings....

From India, Bangalore
tajsateesh
1637

Hello BSSV,
In Legal issues you are the Boss :-)
My comments were based on my observations with a few situations I happened to observe--more from the practical angle than legal, where legal options were available, but couldn't be implemented in-practice for different reasons.
Rgds,
TS

From India, Hyderabad
BSSV
201

Yeah societal approach does differ........ and that is the reason why I had mentioned about the approach of the interviewers and the company culture if you may consider!!!!
But one of the important observation would be his work life balance, which the companies can not give chances to such people because it totally affects/obstructs the concentration on working and his delivery of potential will be less, incomplete and interrupted. And that is why I had mentioned that no one can curtail his right to apply for the jobs, and he joining the company depends upon proving his capabilities......

From India, Bangalore
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