You have to disclose pending criminal case in your visa application 

you may not be granted visa on account of pending criminal case 

It may affect if the authorities are informed that a criminal case is pending. Moreover you have to disclose the same if they ask for it.

If case is dismissed it would not affect your visa application 

if she with draws case you should get visa 

1. If you are convicted by the Court only for a criminal offence, then only it's going to affect your Visa approval.

2. As per your narration if it's a false accusation, then she may not be able to prove the allegation against you and other family members. 

3.  In case the case is dismissed or if the case is withdrawn by her, then it wont affect your Visa approval.

Dear ma'am,

The first thing is That the supreme court has cleared in the recent cases that woman uses false 498 cases. secondly, Now under 498 case, the in laws  are not arrested under extreme cases as it may hamper their future. so  you are required to prove that you were not at all associated in any of the act, you live separately etc. even the father/mother in laws can not be arrested as they are old(as per the new supreme court judgements).

Also remember, such case can affect the visa, you need to take anticipatory bail and prove in court that your actions were not in anyway related to the act.

To counter with this, you need to gather all the evidences to prove that your wife is doing all this to extort money, the allegations are false and nothing else.

you need to record all the voice calls, phone conversations, etc.

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

A counter lawsuit can be filed by the man under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. A case under this section can be filed in case a woman tries to malign the image of her husband and his parents by falsely accusing them under this section and dragging them to court or jail.

Recently, the Supreme Court had ruled that even a single false dowry complaint against the husband and in-laws was sufficient ground for courts to grant decree of divorce to annul the marriage.

What to do if a False Domestic Violence and Dowry case is registered against you

If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong. Both are detailed below.

Defensive

You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-

Collect as many pieces of evidence as possible

• Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
• Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
• Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
• This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.

Safeguard your Family

There are hundred of cases where the whole family is put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against anyone in the family. Even the mother and the father of the husband are not immune. In such a situation the husband can do the following to safeguard his parents and other family members –

• Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.

How the case turns out would totally depend on which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases.

• For example, in Delhi, Punjab, Haryana and Rajasthan the complaint would first be referred to CAW Cell (Crime Against Women Cell)/ Mahila Thana). Where attempts would be made for Settlement between husband and wife. And if no settlement is reached, the case would be converted into FIR. At this stage or even before, you can seek Anticipatory Bail or Notice Bail for all your family members to protect them from arrest.
• In Uttar Pradesh/ Uttranchal, the FIR would be promptly registered but you would get 30 days to settle the case in mediation centre. By which time most people obtain stay on the arrest from High Court.

Complaint about blackmailing, false allegations

Lodge a complaint to your nearest police station, detailing about blackmailing, her false allegations, and her unbearable behaviour. Request in your complaint that police should take necessary actions to stop her from making threats and abuses immediately, also tell the police verbally and in writing along with available evidence that you are facing blackmailing and threats and mental torture from your wife and/or her family, as the case maybe. Filing such a complaint early on can save you from a lot of trouble later on if you are the first one to file this.

Drawback of this move

• Police don’t easily write down the complaints of men. Also, how the complaint is drafted is critical. This is why consulting a good criminal lawyer with experience in such matters before approaching the police is a good idea. Get your complaint drafted by a trial lawyer if possible. If police the refuse to register the complaint, seek the help of a lawyer again. They will be able to make the police register the complaint.
• Police itself sometimes provoke the wife to register a false complaint against the husband, the reason being the greed of taking bribe later.

Do not enter into a Settlement with your wife

• If you have to compromise, do it without paying any money. By paying her money you will indirectly accept the blackmailing and guilt. Your act will encourage fraudulent women to do more blackmailing.
• Despite all this, if you decide to pay and compromise then do not pay all the money till High court or Supreme court have given the final order of compounding the IPC 498A and all offence including the divorce decree. This is where your lawyer’s role in negotiations will be critical. You should get the settlement conditions agreed by both parties in writing (in the same agreement) including her and her family members. Also get them to file A court statement under IPC-156 that they will not challenge this order in higher courts and that they will take back all the cases filed against you and all your relatives in all the courts. They should get the final instalment of money after all cases and proceedings are withdrawn and closed.

Raise the issue of false complaint

Start writing letters to the media, human rights organizations, etc, telling them about the misuse of Section 498A. Use social media platform for reaching the mass. This will not give you legal relief but bring the attention of the society toward the misuses of the law.

How much maintenance allotted to woman under 498a?

IPC 498a is section 498a of Indian Penal Code (IPC) dealing with cruelty to wives by husband or relatives.  The kind of cruelty should be of such nature that it would drive a woman to suicide.  It DOES NOT say anything about maintenance of wives by husbands.  Criminal law is NOT meant to give compensation or ongoing payments to victim(s), that would be illegal under Indian law because it would be in the nature of blood money.  So if she wants to file 498a and expect to get Rs 50,000 per month for the rest of life from husband, forget it! but in case she gets the divorce, she can claim maintenance but not the share of your property.

“Generally, it's 1/3rd to 1/5th gross earnings of the spouse who has to pay when it's a lump sum alimony and not more than 25% of husband's salary as monthly maintenance as per a Supreme Court judgement.

The spouse with less income or no income can get a maintenance amount which is equal to 20% to 30% of the total monthly income of the other. As per the judgment passed by the Supreme Court, alimony amount should not exceed 25% of the husband's income. The aforesaid limit is applicable in case of monthly payout.

After divorce, the lady is entitled to receive the maintenance till she marries again”,

If she takes case back means she has to accept her fault and false complaint raised. So kindly prove your self in court against all her false allegations raised against you. 

There are guidelines issued by Supreme Court  in the case of Rajesh Sharma v. State of U.P. that except husband no other member of family should be arrested. Even for the arrest of husband a notice  under Section 41A should be first issued to him and his statement recorded and only after investigation he can be arrested. In the same case it is directed that passports of accused persons should not be impounded and visa process should not be interfered with. Police are strictly ordered to follow the guidelines and they are doing so.  

Hi, Normally, the offence is personal in nature. You can disclose the same in the Passport officer, but  I don't think will affect the issuance of the pass port.

Registered FIR is a public document, hence, you have to inform when you apply for a visa that there is a case pending against you.

you should file a quashing petition before the High Court that you are not residing with them and there is no prima facie case made out against you. once the FIR quashed by the High Court then you may file that court order along with your application for Visa. otherwise, as per the rules and regulations of the country where you are willing to go, they will proceed accordingly.

Feel Free to Call

If they are filing an intervene petition and objecting to the grant of anticipatory bail, and seek court's direction to deposit your passport as a condition for AB, then in the absence of passport you may not be able to travel abroad and also the process of visa also may be affected without passport.

If she withdraws her complaint then this may not appear in the police records, however since a FIR is already registered, until the FIR or the criminal case is not disposed by the court, this will remain a hurdle to obtain visa and also in connection with the immigration formalities. 

- After getting anticipatory bail from the court , you will not face any hurdle i your visa approval, until court directed not to travel out of India. 

- Generally , court granted permission to travel abroad under 498 a cases. 

- Further, after getting bail , you can proceed to the High court for quashing/cancelling the FIR as well.