swetharani (s/w) 20 July 2018

Nri 498a passport impounded

Hi, my brothers wife filed false 498a an year back and since my brother did not attend the court yet, she got his passport impounded. my brother wants to go attend the case but there is a NBW against him and court did not grant him bail. its rejected in lower court saying he should be present to grant bail and the lawyers are telling us there in high chance it gets rejected in high court also for the same reason.

Now are there any other chances he can get bail so that he can go to india and attend court? couple of lawyers in hyd are advising us not to go to india as the case keeps getting dragged and just coz he is india it doesnt get solved. we are sure the wife wants him to get trapped in india and lose his visa (long stay in india with passport impounded definitely visa expires) and thus career.

Are there any other consequences if he doesnt attend? Like passport cancellation or extradition?

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5 Replies

Krishna 21 July 2018

The 498A case generally goes on 3-4 years ot more depending on court workload and judge. Till the judgement your brother has to stau at India. once your brother is in India, he will be arrested, will get bail. but he has to fight his case till end at India.

Vijay Raj Mahajan (Advocate) 21 July 2018

If your brother is in a foreign country how his passport got impounded by Indian authorities? Was he asked by the Indian High Commission in the foreign country to hand over his passport with them? If not and if he has passport in his possession why you say his passport was impounded? First state correct information if you seek correct advise here from legal experts.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 July 2018

As per latest supreme court guidelines. Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

P. Venu (Advocate) 21 July 2018

The facts, as posted, are less than convincing.

Dr J C Vashista (Advocate) 22 July 2018

I agree with expert Mr. P Venu, prima facie statement of author is academic and unrealistic.

If there is some truth in the facts you should engage a local prudent lawyer, call him to attend Court proceedings, get the NBW cancelled, obtain bail and seek personal exemption through his lawyer, which is not so serious after various judgements delivered by Hon'ble Supreme Court.