LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MohanK-700 (Architect)     09 August 2014

Look out circular

Hi,

Is there any way to check if look out notice is issued against foreign passport  holders (NRI). Implicated in false  IPC-498a, 3& 4 DP act. Received bail from local court and attending all sessions regularly. For livelihood  i have to travel.

Just wondering if there are any recent judgements from courts that have  returned  passport and allowed travel back and forth on foreign passports

No hope with local police as they are hell bent on extracting money and due to considerable pressure brought upon by girls family it is becoming difficult.

I tried searching this forum but they don't apply to my scenario as charge sheet is not filed yet and it is going to take few years for the outcome.

Please guide me.

Thanks



Learning

 7 Replies

Dr J C Vashista (Advocate)     09 August 2014

Is there any such condition imposed by the Court at the time of grant of bail and acceptance of the bail bond ? If yes, seek permission to travel abroad, if no there is no restriction on your visitation.

Consult your lawyer.

1 Like

MohanK-700 (Architect)     09 August 2014

I don't have bail copy and will try to get it during next week.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 August 2014

First study and move application for travel, if conditions are imposed.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

T. Kalaiselvan, Advocate (Advocate)     12 August 2014

Until and unless there is no restriction by the court on traveling abroad during pendency of the case, there is no reason to be worried about it.  If you have been declared as absconding, then only there are chances for issuing look out notice and generally in such matrimonial disputes, the courts will not be so much harsh to insist on such look out notice.  Better be in constant touch with your advocate who will guide you about the developments and further actions on it.

2 Like

MohanK-700 (Architect)     15 August 2014

  1. Finally i have received copy of order and there are no travel restrictions except attendance in local police station every Sunday.  Can i get this restriction to be relaxed  as i have  attended more than 8 weeks and if so what is the procedure ? Police has not filed charge sheet yet in court.
  2. Also my wife has given a petition to restrict my travel to police ? Can police issue look out notice based on my wife's petition? Their main intention is to forbid  travel so that i succumb to their money demands.
  3. Can my wife file divorce petition in court sighting 498a cruelty ? Is there any time limit for filing divorce petition as our marriage took place 11 months ago ?

Dr J C Vashista (Advocate)     15 August 2014

  1. When there are no travel restrictions imposed by the Court while granting bail to you ,except attendance in local police station every Sunday, you may apply to the Court to  get the restriction to be relaxed,.cting the bonafide reasons to the satisfaction of the Court whether the Police has filed charge sheet in court or not., is immetarial.
  2. Your wife can give any petition of her choice no one can stop, however, that is to be considered by the Cout on its merits such as to restrict your travel abroad etc. etc.  Once you are admitted to bail the police has no jurisdiction to entertain any such complaint. e.g.issuance of look out notice, which is for apprehension of absconder. The police cannot accept any petition of your wife, except a fresh complaint application. 
  3. Yes she can file divorce petition on the grounds of mental or physical or both types of cruelty, however, onus of proof lies upon her.
  4. There is limitation for filing divorce petition against various grounds as prescribed therein the law, which you are required to read /know, However, on the ground of desetion of the petitioner, there must be separation of one year at the time of filinng petition. 
  5. You have sufficiently been advised by the expeerts on this platform. Now in your own interest and benefit please contact, consult and engage a prudent local lawyer for taking up your brief, proper guidence and advise and proceed professionally.   
1 Like

T. Kalaiselvan, Advocate (Advocate)     15 August 2014

It will not be an infinite  condition that you will keep signing in the police station for ever, the orders will be clear about the condition imposed and time stipulated therein.  However, your lawyer can move a petition before the court for relaxing the condition impose on bail order.

The police cannot impose any restriction on your travel abroad just based on the application she tendered with them.  The police has to take up the matter with the court seeking the restriction by an order of court, however the police will not do so because they have not filed the charge sheet yet, they can do so only after they are prompt on their performance of the case proceedings.

Your wife can file a divorce case against you on any ground she feels like, it is her right, the sustainability of the case will depend upon it being challenged accordingly.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading