Misuse of dowry law 498a nri


I have came across numerous cases where an NRI or a citizen of another country is falsly accused of  baseless 498a, 125 and other relavent cases. FIR & chargesheets are filed and the hardworking NRI gets pulled into this nuisance that he had never imagined. Cases go on forever with no end and relatives are forced to attend the court dates. Husbands are labeled as criminals, becomes helpless and in a miserable situation. As especially for those who lives in another country with limited sources to the indian legal system and connections. I am in the similar situation and looking for some advice. This incident took place in 2013 and I need some clarification on below mentioned questions. Thank you

1. Is it a common practice to issue look out circular at indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest.

2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from travelling abroad. 

 

 
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CEO

1) Immediately once you are aware of LOC, start writing complaints to National Human Rights Commission and your State Human Rights Commission > http://nhrc.nic.in/ 2) Start writing and meet in person your local DCP and FRRO. > http://boi.gov.in/content/frro-contact-list 3) Request the IO (Investigative Officer) of the case to remove the LOC post the Charge-sheet has been filed, since your presence is no more required by police for any further investigation. NOTE : IO plays a very important role, since any removal of LOC request has to be initiated ONLY by him which moves to DCP’s desk > FRRO’s desk > MHA > MEA 4) Post your chargesheet filing by IO, you may as well approach the court for removal of the LOC and hope the court obliges

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CEO

Read more at: http://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp s it a common practice to issue look out circular at Indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest. 2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from traveling abroad. Read more at: http://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp Read more at: http://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp t a common practice to issue look out circular at Indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest. 2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from travelling abroad. Read more at: http://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp Read more at: http://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp s it a common practice to issue look out circular at indian airports for the NRI victims in 498a related cases what is its validity period and is it possible to find out if an LOC has been issued and how can he avoid surprise arrest. 2. If an NRI is arrested while travelling in and ouf of the country does indian court have rights by law to impound a US Passport to prevent the accused from travelling abroad. Read more at: http://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp Read more at: http://www.lawyersclubindia.com/forum/Misuse-of-dowry-law-498a-nri-159717.asp

As far as your first questioner is concerned there Is no validity period fort LOC as it will remain permanently there in Ministry of External affairs system till requested to be removed. As far a r 2 nd question I concerned once LOC has been issued to avoid surprise arrest take anticipatory bail. Regional Passport Authority will impound your passport. Once investigation I is completed on condition o not leaving o absconding the country without permission from police customs or airport Authorities will release you passportAn NRI victim against whomfalse 498a cases are pending it is best to avoid returning the country to escape false 498 a criminal proceedings as far as possible.

 
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As per my own experience Human Rights commission (either National human rights or state) in India is a LION WITHOUT TOOTH. I filed a complaint with NHRC about Circle Inspector who detained me in police station without taking me to court for 4 days in a false 498A case. NHRC simply forwarded my letter to the police station where incident happened and forwarded me the reply which NHRC received from police station. THATS IT. NHRC didn't bother whether the reply received from police station is true or not. NHRC just acts as a postman. THAT'S THE REASON I CALL IT AS A LION WITHOUT TOOTH. THEY DON'T DO ANYTHING at least based upon my own experience.
 
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There is no way to find out LOC issued or not. Indian Court can only impound Indian passport... You can not renew until you settle the matter in court. USA passport can not be impounded ... They can seize your passport when you land in India... You have to take permission from the court to travel back.. which does not happen.. meaning very less chances .. nill chances to get your passport back from court... You would loose your job and would not return back untill case is settled.... Almost all ( 100% ) NRI end up paying money to their wife to settle the case.... This forum is for lawyers to attract clients... They will give all hopes... But in reality they will Never work for YOU.. they will work for your wife...the case stretch longer if they work for your wife.. they make more money.....
 
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