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jhakhmipati   16 March 2018

Fear of loc wife got remarried

My wife got remarried with someone else without marriage registration and without obtaining divorce from me. She is already living with that person since 1 year and i live in USA. She is smartly hiding her second marriage proof and happily living with that person. When we had marital dispute she filed 498 (a), DV, 406, and 125.  All of these cases are dismissed except 498 (a) which was filed in police station. However until this date police haven't submitted any summary to court for 498(a) case and i am afraid that if i travel india i may have LOC against me. I have sufferred for 10 years with marital dispute and she ruined my life. I can't even remarry as i always think of getting divorce first and then marry but the laws in india are completely women favored. I want to travel india but i am afraid of LOC. Is it possible that police can issue LOC against me even though they haven't filed any chargesheet or FIR against me ? I would appreciate if someone can shed some light on this



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 4 Replies

Vijay Raj Mahajan (Advocate)     16 March 2018

LOC is issued by the Deputy Commissioner of Police of the district where there exists a registered FIR and the accused person has not followed the notice u/s 41, 41A Cr.P.C issued to him for reporting and he has failed to do so. The Court can order for issuing LOC if the accused has been untraceable and not reporting to the notice issued to him.

The important point for LOC is that it is valid for one year from the date it is issued, after expiry of one year the extendion of the same has to be obtained from the court. Secondly the LOC against the person has to mention the Passport details of that person so that he can be identified at the International port/airport when he reports at the Imigration counter, where his LOC is available on the system. The Immigration report the person to local police who arrest him and take him to police station from where he get deported to the station where from LOC was initiated by the police official of that station.

As far information if the LOC has been opened against anyone this is not available online but any known person posted at International Airport in Immigration counter can tell, find such person from your known to people in India.

Get the advocate ready for getting bail in case you get arrested. As you are living outside India Anticiparty bail may not be allowed in your absence from Indian court.

For more detailed case discussion you may contact me. My details available in my profile here in this forum.

2 Like

KISHAN DUTT KALASKAR (Advocate)     16 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     16 March 2018

you can also get married in similar manner , ant help needed pl contact with all details by email.

Adv Radhika Mehta (Advocate)     16 March 2018

It is true that the laws in India favour women but it is wrong to assume that men cant get any relief.  What has happened to you is tragic but you cant and shouldnt spend the rest of your life twiddling thumbs, waiting for your wife to Divorce you.  You can either file for Divorce in the US itself if you have no intention of returning to India or else you can get evidence of her living in adultery and thereafter file for Divorce on the ground of adultery and cruelty as filing false cases amount to cruelty. 


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