Response

In your situation, keeping in mind the facts of the case, first of all Section 498A of the Indian Penal Code is a criminal offence in nature related to cruelty against your spouse or demanding unlawful things from your wife at the time of marriage. It is a cognizable, non-compoundable and non-bailable offence, however, this is assuming you are not in Jammu & Kashmir or Andhra Prades where the law is a bit different in regards to this case. In your case, you need to obtain a clearance certificate from the police which in-turn would mean that your presence during the proceedings is not required for the remaining or further investigation for a stipulated time that you mention in your application (this is applicable only if the clearance certificate is approved from the police).

The permission will be given only after due examination as to why you should or should not be allowed to leave the country during the trial or investigation even though travelling abroad comes under the ambit of Article 21 of the Constitution of India (Right to life and personal liberty). You will need to mention how important it is for you to go abroad and how it will affect you if you are not permitted to go.

Reference:

20210066202100412454

LAWAYZ-2023-95