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acdpvictim (self)     01 August 2016

498a loc and nbw, visiting india


My 498a case is more than 8 years old.

I live in USA and on a Visa.

Wife and I reach MoU and filed that MoU in Family court. Only GPA holders signed that MoU.

I have LOC and NBW on me. 

I am planning to visit India. I understand that due to LOC, immigration will catch me at airport. 

Please can you let me know what the process is to safely return back to the US and how many days it will take on an average to stay in India.

Thanks !


 11 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     01 August 2016

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.

acdpvictim (self)     02 August 2016

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 !

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     02 August 2016

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.

acdpvictim (self)     02 August 2016


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 !

Shekhar (Proprietor)     07 August 2016

Hi, which place you want to visit in India.

Shekhar (Proprietor)     07 August 2016

Hi, which place you want to visit in India.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     07 August 2016

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.

acdpvictim (self)     11 August 2016

I hold Indian passport. Spouse als holds Indian passport.

We both live outside India.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     13 August 2016

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.

acdpvictim (self)     14 August 2016

Wife visits India for some key 498a court dates.

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

acdpvictim (self)     23 August 2016

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.


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.

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