498a loc and nbw, visiting india

In fact the LOC should be revised yearly but no body does it.

You have to apply and take order from the concerned court to the concerned police officials who will in turn issue request letter for withdrawl of LOC.

For that first apply for cancellation of NBW. Otherwise apply for AB but it will be costly and will take time.

Hello All, 

1) When I apply for cancellation of NBW, do I need No Objection from Wife side lawyers? On what grounds shall I get it cancelled?

2) What is the process of AB and how much will it cost and how much time will it take.

If I do nothing and land in India, what are the consequences? Will I be arrested? Will my passport get seized ? 

If I get arrested and passport gets seized, how long will it take to get bail and get back the passport?

Please help me to prepare.

Thanks !

1) For cancellation of NBW objection of other side has no relevance.The concerned court will cancell it on submission of proper reasons.

2) If LOC is force you will be arrested  on arrival and  will be presented to the proper court which may take time..

3) You can take chance for AB on the strengtrh of MOU.but application for cancellation of NBW thereafter withdrawl of LOC will be easy way.

Hi, 

What kind of reasons are accepted in the cour for cancellation of NBW?

Is the MoU (that is signed by GPA holders only and submitted in family court ) good enough to cancel the NBW?

Thanks !

which passport you have Indian or US.

And where is your spouse now. On your side MOU is signed by your GPA holder but  why GPA holder by spouse has signed  ., whether she is also out of India.

I hold Indian passport. Spouse als holds Indian passport.

We both live outside India.

Than why you want to come to India.

If your wife is not present in court the 498 A can be dismissed wihtout any MOU.

Wife visits India for some key 498a court dates.

In either ways I want to freely enter India whenever I want. Whats the solution.

Hello All, 

Please see here an update on my case.

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.