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Vans (Engineer)     05 January 2014

498a ab

Hello Gentlemen,

First and foremost, I would like to thank this forum and everyone who made it possible for providing me the information I need to fight the false 498a filed against me. 

I live in US and recently my AB was approved. I would like to go back to India but before I do that I would like to know any safety nets I need to build with the AB. I am working with my lawyer to get the lookout notice nullified. Anything else I need to take care before I initiate my trip?

Thanking you in anticipation.  



Learning

 9 Replies

dv (ghvhb)     05 January 2014

Can you please shed some.light on your ab. I wanna go for it and go to india to fight it.out Please pm me your number if possible

Dr J C Vashista (Advocate)     05 January 2014

Before landing in India arrange to get look-out notice cancelled from the Court, through your lawyer,

Be  mentally prepared for a good amount to be paid to your wife for amicable settlement and mutual consent divorce, nothing else.

K*I*L*L*E*R (tech)     05 January 2014

loc look out circle will be cancelled only when u will get relaxation i bail condition or when ur proceedings will be quashed not before that

T. Kalaiselvan, Advocate (Advocate)     05 January 2014

The look out notice can be cancelled based on the AB order, so it is better to get it cancelled and make an entry to India.

SKapoor_Lawkonect (Lawyer)     06 January 2014

Hi, Vans I would like to bring to your knowledge that before planning your visit to India you shall try to ascertain that the look-out notice issued by the Courts in India is cancelled so that you won’t face any problems when you land in India. Moreover, since you have also secured an anticipatory bail and it has been approved you can plan a visit to India. But you should ensure that the AB is valid till the time you arrive in India because AB is time bound and in case its not valid when you arrive you may be arrested. You can also get a mutual divorce by a power of attorney without even entering into India; moreover you can also opt for dispensation from personal appearance by way of Section 205 of code of Criminal procedure thus ensuring that you do not have to be personally present in the 498A proceedings thus you can also avoid the costs of travel and if the magistrate sees sufficient cause in your plea your plea of personal dispensation would be approved.

Regards,

SKapoor

LawKonect

 

9555507507

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     07 January 2014

Dear Vans,

Please don't come to india otherwise you will land yourself in trouble. your passport will be seized by the police immediately. Ask your Advocate to get the matter refer the matter to mediation and conciliation centre once the settlement is done through your parents. For this procedure you have to send the power of attorney attested through indian counslate. you can get mutual consent divorce on the settlement arrived at between you and your wife. This can be through your attorney thereafter go for quashing as well as look out corner notice. enjoy peace.

 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

9811210505

Vans (Engineer)     07 January 2014

All, Thank you for your insights. I understand it is not advisable to go to India but here is my situation. My wife has made sure that the passport office would provide me a letter to impound my passport (I have responded to the concerned authorities but still waiting on reply from central office). My passport is about to expire in next 6 months, will I be able to renew my passport with this condition? Also she has sent numerous emails to my employer and now my employer is refusing to renew my work authorization, which last another 7months. Implies I cannot stay beyond 7months. Our repeated reach outs for mutual settlement was turned down by her and her parents. In this situation I have deferred to leave to India and fight the case by myself. Any suggestions or help is greatly appreciated.

srk (Service)     08 January 2014

Vans, 

i was in very similar situation that you are in now, my passport impound order was released but i got a stay from the High Court, my wife sent emails and even a letter from DGP to my employer to terminate my employment, but i moved to a Permanent position and now no issues with H1 extensions got it approved twice since the case was filed. Only difference is that i have a valid passport for the next 7 years.  i would suggest to visit the embassy and talk to the officer and explain him the situation, and try to get your passport renewed, if your employer doesnt want to apply for an extension switch to another one, there are a hell lot of Desi consultancies who are ready to take you.

I would not suggest you go back to India now, Im pretty sure that you will not be able to come back to US in the near Future, Passport will be confiscated, dont even know if they get your passport renewed with the current cases. get ready to shell out money like waste paper, once police or lawyers know that you are from US they would demand based on the dollar value.

All the best

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     09 January 2014

Dear Vans,

As suggested to earlier don't come to india try as suggested by mr srk. if your case is in Delhi then I am ready to help you out.

 

Rajiv Bhasin 

Advocate

Bhasin Legal Consultants


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