Hello All,
Wife lives outside India and I live outside India.
We reached a compromise.
In order to settle our cases, my lawyer suggested that we file for Quash in High Court on the ground of compromise.
After getting a stay from high court, my lawyer suggested that I come to India and settle the divorce case and also simultaneously my wife shall present herself in necessary court to withdraw criminal cases.
Now,
1) We filed the quash petition in high court and the court gave the following order:
- The petition is disposed of directing the petitioner to surrender before the learned lower court within a period of 3 months from today and file a petition to recall the NBW issued against him. In such an event, the court shall dispose of the same on the same day on which it is filed on reasonable terms, in accordance with law. Till then, the NBW issued against the petitioner shall NOT be executed.
Question: We took this order and went to the Police Station to remove the LOC. Police is saying that they cannot remove LOC with this order as it does not clearly mention anything about stay order. They are saying that they can remove LOC only after all the cases are closed.
Is this true? How can I get the LOC removed?
The problem with what the police is suggesting is that while I arrive in India, there will NOT be a problem. But if I have to leave India to the USA, in case cases are not settled, then there will be an active LOC and I will be stuck in India.
Please suggest how to proceed.
