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sub   23 February 2015

NRI Travel after Dirvorce

Dear Members I had married a girl from India and after our wedding in India I brought her to the UK, my marriage lasted for a brief period and when our marriage failed(No children in the wedlock) my wife moved back to India. I started divorce proceedings here in the UK and was able to get divorce decree ''Absolute''. In the mean time my ex wife filed a divorce petition in India and also filed a FIR based on 498a, which �lead to a criminal case proceedings in the lower and a NBW was issued in my name. Finally after a few long years my ex-wife and I agreed for a divorce by mutual consent(via POA). The conditions of the consent included permanent alimony to be paid and all cases and proceedingsagaints me to be dropped or cancelled. Accordingly she accepted the UK divorce decree, dropped her Indian divorce petition. I paid her permanent alimony in full and final settlement. The high court allowed my petition to quash the 498a case in the lower court. The lower court honoured the high court order and quashed the criminal case proceedings. �The police station where the FIR was lodged has been notified too that the 498a case is quashed and divorce done. I now hold a British citizenship, I have renounced my Indian citizenship and surrendered my Indian passport. Since my marriage broke down I have not travelled to India. Prior to the criminal case being quashed I obtained a visit visa for India. The criminal case lasted 2 years in the lower court and a NBW was issued in my name. My ex got remarried and relocated to UK from India. Question1:As the case stands quashed and all proceedings have come to an end do I need to worry about the NBW whenever I travel? Question2: I am not an Indian national anymore and I do not hold dual nationality either, do I need to contact the Indian immigration authority or Ministry of external affairs- India to let them know the about my situation? As I do not wished to go through a undue harrasment when arrive or depart from India? Question3: Please could you suggest what I could do, or who I could write to? I do plan to carry all the relevant paper work with me whenever I travel to India. I would also appreciate if you would like to share any similar experiences you may have had. Thanking you in advance. Best


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 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 February 2015

1. No. 2. Not required 3. Nothing is required since everything has been finished and there is no question of warrant or undue harassment.... Its over now .... Kapil Chandna Adv 9899011450

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