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raj   12 August 2016

Passport in the court, how much time does it take and procs

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 and how much time does it take?

2. What is the procedure for removing LOC and how much time 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 since i'm major

My parents they never stayed along with me.

 

Please help me in advicing.



 5 Replies

adv.bharat @ PUNE (Lawyer)     13 August 2016

After resolution of case u get it from passport office. No time limit is define in the law for resolving the query.

Vibha   13 August 2016

  1. Work with a senior lawyer in your area. It may take 3-4 months to get your passport and permission to travel.
  2. Police needs to complete investigation, you can cooperate with them and approach senior police officers and magistrate to push for faster completion of report. Once bail is done and investigation is complete, you can ask court to return passport and remove LOC. Court may ask you to stay in India as bail condition. Then you apply for travel permission on grounds of work. A senior and able lawyer should be able to help you to get favorable results in step by step manner. If not in trial court, in HC atleast you should be able to get bail and travel permission approved.
  3. Let police make report as per their investigation, do not try to influence them for removal of names at this stage, it will delay your matter and police will try to get huge bribes from you and still not help you. If police report has holes and relies on provably wrong facts then this helps you while arguing your case in court. Once case is in court, your lawyer can argue to have certain names removed and charges dropped, if you fail to convince trial court, you can approach HC and so on. In court case moves at its own sweet pace and you get ample opportunities to present your side at every step. During all this you and your family can resume normal lives. Restrictions are only present till case is in police investigation stage and you need to be present in PS, stay in India, fear arrest etc etc. Focus only on getting matter moved to court at this time.

Vibha   13 August 2016

  1. RCR is totally useless. Focus only on defending the cases filed by your wife and leading your life. Resist urge to file frivolous counter cases. Counter cases give you zero advantage and only escalates the dispute. Allow the heat to cool off and optimize to find peaceful solution after that. Adding fuel to such disputes wastes energy and just drags them on longer. 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     14 August 2016

1) RCR is not completely useless, it shows atleast your bonafide attitude for solving the problem and may help in raising the defense in other cases.

 

2) Court can not impond the passport, you can apply to local court giving the above SC decision so they will at the most send it to passport office., who after giving you a hearing will return it.

 

3) LOC has to be revised annually as per MINISTRY OF HOME directives but no body does it. Apply in the lowercourt first for its removel.

 

4) Police has no power to remove names of respondents in DV case. You have to show no domestic relationships and go to higher courts.

 

Marriage related cases have to be defended with skill and constant efforts,

ANAMIKA VICHARE (LAWYER)     15 August 2016

You file writ Petition in the High Court for quashing your parents name and seekin gp ermission to go abroad and release of your passport

 

Quashing wil not b e done

but you will be allowed to go abraod for your braed butter winning

 

Further communctaion strictlt with Face Book A/c

 

Anamika Vichare

[New York city picture on profile] posting Flag of India

no friendship will be accepted for want of confidentiality

you can create a/c in code name and send msg INBOX

 


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