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raj   11 August 2016

Please help!!!!

Hi All,

My wife filled 498a, DP 4&6, 506. recently i got detained and arrested in the airport because of  LOC as i was travelling to abroad. I got out on conditional bail for which i need to sign for 6 weeks in the local P.S

FIR registered on 12th, I recieved Cr.p.c 41 on 14th and LOC has been issued on 15th, on 18th it got updated in Immigration system.

 

1. Now my passport is in the court. How should I get the Passport back?

2. What is the procedure for removing LOC and how long does it take?

3. I'm planning to file RCR, will that be useful in Divorce case?

4. when i speak to poilce about removing my parents name, they said under dp act they can't remove their name. if the guy is major, does it still apply on parents name? as I dont want their name to include.

My parents they never stayed along with me.

 

Please help me in advicing.

 

 

 

 



Learning

 7 Replies

prabhakar advocate (advocate)     11 August 2016

1. Now my passport is in the court. How should I get the Passport back?

File an application for release  of passport and if the court satisfies that you will not run away from the clutches of law, it will release with some conditions or refuse to hand it over to you.  If you aggrieve with the court order, then you can approach appellate court.

2. What is the procedure for removing LOC and how long does it take?

File an application to the police to remove LOC, showing the bail order.  If the police say that LOC is issued on the basis of court order, then you have to move the court to cancel LOC against you.  Again, if not get relief from the court, has to approach the LOC

3. I'm planning to file RCR, will that be useful in Divorce case?

Not much.  If she filed divorce, then try to go for mutual consent divorce.

4. when i speak to poilce about removing my parents name, they said under dp act they can't remove their name. if the guy is major, does it still apply on parents name? as I dont want their name to include.

To remove the parents' name from FIR, you can approach HC under S.482 arguing that they have no role to play in matrimonial issues between the estranged spouses.

My parents they never stayed along with me.

That is one favourable ground for you.  But DP relates to demand of dowry during the marriage ceremony.

 

raj   11 August 2016

DP relates to demand of dowry during the marriage ceremony.

but if a person a major, then why would it still applies for parents.

Please advice on this as i want to remove my parents name from the fir.

 

3. I'm planning to file RCR, will that be useful in Divorce case?

Not much.  If she filed divorce, then try to go for mutual consent divorce.

-- They are neither ready for the settlement nor for the divorce. they just want to harrass me.

 

 

 

Hiren Gohel   12 August 2016

Raj, first of all. Agar aapka case itna sensitive hai to subject line appropriate banao. "Please Help" ka matlab kya hota hai. Second, I am also going through the same pain in my life. Meri biwi bhi badchalan hai, aur usne apne lafdebazi ko chhupane ke liye mujpe fake charges aur cases laga diye hai. Mere paas to uski bahut sari voice recording hai, jisme uski lafdebazi aur aaiyashi sabit ho sakti hai. But again, our law system is handicapped and only woman favoring. So, we have no other option. Either you hold your head and suffer till your last breathe or commit suicide. I am gonna do the same in next few months. All the best to you and your family.

whatnot   14 August 2016

Originally posted by : raj
DP relates to demand of dowry during the marriage ceremony.

but if a person a major, then why would it still applies for parents.

Please advice on this as i want to remove my parents name from the fir.

 

3. I'm planning to file RCR, will that be useful in Divorce case?

Not much.  If she filed divorce, then try to go for mutual consent divorce.

-- They are neither ready for the settlement nor for the divorce. they just want to harrass me.

 

 

 

One message that comes out of this forum is RCR is useless in case of 498A. And I agree with this. You have to fight at mutliple level and you need team of lawyers.

Prioritise your needs. If someone has moved so fast to get LOC then there exists corroboration.

You may have to fight the system. Your wife holds all aces. Untangle it with some kind of mediation. There are some good suggestion on fighting each cases.

 

Concentrate on 498A . Move petition in all respective police station and demand early justice in High court. It is helpful which City you belong to. The rest of cases can be fought later.

You may have to spend next 6 months from court to court.

Sorry to hear wrath of woman on you.

 

whatnot   14 August 2016

Passport can be impounded only for 15 days.

Suresh Nanda vs C.B.I

https://indiankanoon.org/doc/572504/

 

Please refrain from creating new query . It is confusing to post in a relevant thread.

 

ANAMIKA VICHARE (LAWYER)     15 August 2016

You better fl=ile High Writ Petition for obatning your passport and permission to go aboraod

be preapred for all conditions'

 

FREDYCHARLES RK - Bangalore (Advocate)     15 August 2016

Dear Hiren,

Taking life out is not a solution for onesely and more so to recommend for some one. It's indeed a harsh world but you see all misery and frustration is momentary and not permanent. There is a solution for all


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