Should i fly india or not ? pending crpc 125,ipc 498 a

Mr. Sanjeev thanks for your advice at this point my concern is if there could be something held against me while clearing immigration at airport ? Do you have any idea about this ? MEA intervened in my issue are there any chances if RCN or LOC could have been issued ?

Is there anyway i can find out from the court itself if in case RCN or LOC is issued ?

@Author

You did not mentioned about your case with specific details like

- Did you wife lived with you in India or abroad?

- Where is she now?

- Have you applied for Anticipatory Bail against 498A ?

- Have you hired a lawyer?

In any case you have to apply for AB immediately. Engage a good lawyer and take AB. Also make sure one of your relative who lives in the area where the case was filed gives your surety and make a prayer to the court to allow exemption from your presence.

Regarding S.125CrPC, thast would not amount to any arrest or any LOC but if you do not even respond to court orders, then court has inherent coercive powers to make a person comply to its orders.

Also keep the proofs ready for denying your wife's allegations and prove your point.

//peace

/Saurabh..V

Saurabh,

My wife did not live abroad with me our marriage was never consummated before even i file her Visa we had big fight on the phone itself and when i came india to resolve the issue and apply for her passport she declined coming with me abroad and she said that she don't want to come abroad but she wants to stay in india and i have to give money i didn't agree to her terms therefore she filed 498 a against me but luckily i was able to escape before even police intervened in 498 a matter. After that she filed Crpc 125 against me and till now on both the cases are pending against me. Court tried serving notice to me abroad via MEA but summons was never served till this date and court has asked my wife in india to present my correct address so that summons can be served properly. Till this date everything is pending and she haven't filed any further request for newspaper publication or anything so everything is pending against me. I don't have any plan to attend any legal matter in india where i already know that indian laws are women biased so why i should wais my time in this matter ? My greedy wife is demanding hefty settlement amount of RS 1 crore and that is my hard earned money i am in no mood to give her any single Rupee.

If court has powers to issue LOC or RCN then there should be proper documentation in court so far i found out that everything is pending and no further steps has been taken. Is there anyway i can find out if RCN or LOC is issued against me ?

@Author

See my answers below:

My wife did not live abroad with me our marriage was never consummated before even i file her Visa we had big fight on the phone itself and when i came india to resolve the issue and apply for her passport she declined coming with me abroad and she said that she don't want to come abroad but she wants to stay in india and i have to give money i didn't agree to her terms therefore she filed 498 a against me but luckily i was able to escape before even police intervened in 498 a matter.

It means, you NEVER lived with your wife? If the marriage never consummated then you already have a strong ground for divorce. As it is clear that you are "well-settled" abroad, so your wife must already know that she would have to fly with you to set-up matrimonial abroad. Her reluctance to go abroad for unknown reasons is cruelity against you. Also not allowing consummation of marriage and taking away the marital pleasure from the spouse is also cruelity against you. You have a strong case againt her if all my words are correct as per your situation..

After that she filed Crpc 125 against me and till now on both the cases are pending against me.

Maintenance is awarded in two ways. One is interim and one is upon successful decree in favor of wife (spouse is correct words here but I haven't seen a man demanding maintenance). In you case as the maintenance is pending so it would be pendente lite. But maintenance is awarded to the aggreived and not to the perpetrator of matrimonial harmony. After marrying you she gave consent to live with you as she already knew about you living abroad, so denying to join you results into breakdown of marriage which is noe under a draft by govt.. this would amend existing Hindu Marriage Act, 1955 and add S.13(c) - Irretrievable Breakdown of Marriage. You again have a strong case and you wife is not entitled for any penny. She did not do anything which a wife would have done, and if she did not even behaved like a wife, then she cannot claim any right like a wife.

Court tried serving notice to me abroad via MEA but summons was never served till this date and court has asked my wife in india to present my correct address so that summons can be served properly. Till this date everything is pending and she haven't filed any further request for newspaper publication or anything so everything is pending against me. I don't have any plan to attend any legal matter in india where i already know that indian laws are women biased so why i should wais my time in this matter ?

Summons not being served is something discretionary on the judge. The judge at present seems to be linient for you. However the time might turn awry and another judge may order LOC.

You should immediately appoint a lawyer to argue your case and putforth your words. Just by avoiding present issue, you are only allowing the sword to grow bigger and stronger against you. Let you advocate tell the court about your story and then let the court decide if you are required to attend the court, if you are eligible for anticipatory bail and all other relevant matters. Running away is not at all a good idea especially when you are true and correct !

My greedy wife is demanding hefty settlement amount of RS 1 crore and that is my hard earned money i am in no mood to give her any single Rupee.
 

Greed does not give legal money. If she is greedy and your wife, the this does not complete the definition of eligible wife. She should have lived with you like a wife to be eligible for maintenance. It's your money and no one has the right to snatch it from you.. You enjoy immunity against all illegal cases (being human :) )..

Is there anyway i can find out if RCN or LOC is issued against me ?
 

You can always appoint a lawyer to find out about LOC etc. But my suggestion is that you let your lawyer take up your case and get you anticipatory bail in 498a case. Then you are a free bird. You also give an affidavit with surety that upon completion of trial if you are found guilty you are ready to comply with the orders of the court and ready to return to India. This would show you are true enough to dare to fight your case against your wicked wife.

As I mentioned earlier, the judge, as it seems to me, is very linient in your case. If another judge comes up he may order the Govt. to trace you and bring you before the court. Then it would be a problem for you. In my view clearing the stains is a better idea than to not wear the cloth. There would be one day when someone would catch you with the stain. Send it to laundry dear friend ......

Just keep in mind, if your wife never lived with you, then it is illegal for her to file 498a against you and this case can be quashed in High Court. Also 125CrPC petition is also liable to be dismissed in default (if your 498a gets quashed). Then you file for divorce on the grounds of desertion and cruelity.......

All the best!

//peace

/Saurabh..V

Yes our marriage was never consummated. She is all after money and she is interested in interim maintenance. Both of us are very young. I am 26 and she is 23.......her parents are greedy and they are teaching her this dirty game.  It is truly said that once marital issues turns in legal matters that is the end of the marriage itself.

The day when she filed fake 498 (a) against me i decided that it was end of our marriage.

There are some things i am concerned even if i appoint a lawyer and fight the case back. Bails are always conditional and it might permit me or might not permit me to fly back. I might suffer huge financial loss if i get stuck in india and i am 100 % sure my wife will request court to cancel my AB saying that i might not come back.

Indian matrimonial laws are women biased and it looks like there is nobody to listen to us.

May i know how long court will wait for my wife to present my correct address ? 2 court dates have already been passed and they are still waiting for my wife to present my correct address so that summons is properly served.

Yes, Saurabh has  rightly advised you that "running away is not the wise solution" in your case. You should be bold enough to take on your wife by nailing her lies.   You may initiate steps to  defend you in the court, so that the litigations may have its logical  conclusions, failing which, the sword will also be on your head.  All steps advised by Mr.Saurabh are  proper and your case is strong enough to win.

As per my knowledge LOC orders can only be passed by Supreme court and a pre-requisite for giving such orders shall be that NBW shall have been issued and you should have been declared as a Proclaimed offender by the local court.

This shall be the base to get the LOC orders passing by Supreme court.

DEAR ARJUN,

MY SINCERE ADVISE TO YOU, IF YOU HAVE INDIAN PASSPORT THEN YOUR PASSPORT CAN BE CANCELLED ON APPLICATION BY POLICE TO MEA AND YOU CAN BE DEPORTED TO INDIA.  LOC CAN BE INVOKED BY POLICE OFFICER IF ACCUSED DID NOT TURN UP AND EVADE ARREST. CHANGE YOUR LOCATIONS/ COUNTRY AND/OR GET PR STATUS AS EARLY AS POSSBILE OTHERWISE YOU WILL LAND IN TROUBLE.

REGARDS

RAJIV BHASIN (ADV.)

BHASIN & ASSOCIATES

9811210505, 9868635640 

@Sanjeev

As per my knowledge LOC orders can only be passed by Supreme court and a pre-requisite for giving such orders shall be that NBW shall have been issued and you should have been declared as a Proclaimed offender by the local court.

This is why I said judge is very linient towards @Author. The judge may at any time order NBW and then in next absence order CrPC83/84 proceedings. And within a reasonable time the petitioner can approach Supreme Court for orders...

@Author

Bails are always conditional and it might permit me or might not permit me to fly back. I might suffer huge financial loss if i get stuck in india and i am 100 % sure my wife will request court to cancel my AB saying that i might not come back.

These are myths. Conditions imposed are only to make sure that you are traceable, reachable and if convicted sentencable. Nothing less nothing more! Whatever you have written in your lines above should appear in your bail application to win exemption from your personal appearance.

As we live in this advanced world, you can attend court hearings by "video conferencing" as well. Nowadays courts permit such evidences so your appearance can also be allowed like this.

Just that your lawyer has to convince the court that you are not the real culprit and you respect the law.

If you keep evading the due process of law, you will sooner or later land in deep trouble. As very rightly adviced by @rajiv bhasin, it takes few days for police to order cancellation of your visa and passport. And as soon as they do that, you are done! So it's better that you engage a lawyer who gets your AB. If the judge would change and he/she wants, you could be deported very easily if you are traced by MEA...

Why run around the globe and keep hiding like a criminal when you are right?? Be brave and have faith in our Constitution :)

//peace

/Saurabh..V

At the very outset, I feel sorry at turn of events in one of our brother's life and pray God for apt relief.

I have been following the topic "Court proceedings through video conferencing". As per my knowledge, this has not yet come into vogue in courts. It will be nice if some instances are cited here wherein court proceedings have been held on video conferencing (domestic, offshore).

Rajiv i am not indian citizen but you are right that indian government can cancel my visa anytime.

@ Saurabh it's not the first time somone like you have advised me to appear and i have also tried a lot but there a lots and lots of problems. It is as simple as easy i have to attend court dates numerous times it is very tough for someone to fly every two months.

My inlaws are waiting for me till this diwali my next court date is 13-10-2011. There is a reason Judge is linient because till 8 months summons is not properly served. Regarding Crpc 83/84 i don't have any movable or immovable property in india neither i have any bank account in india and that is the only reason my inlaws have nothing to do there.

I tried reconciliation efforts but my inlaws are sticking to hefty maintenance therefore i decided to stay quite until i can and then expecting them to come to me to resolve the issue.

From what i see based on expert comments it  looks like flying india is not a good idea until everything is resolved. I have no problem if video conferencing is allowed but i wonder if judicial court will allow such exemptions.

@ Author

1. I think you should read down below link to understand the doubts better;

https://www.lawyersclubindia.com/forum/Delhi-HC-8211-guidelines-for-LOC-and-RCN-and-its-purpose--23116.asp

There are Hon'ble SC guidelines too on same subject which I hv not quoted right now.  

2. There are two cases currently before Hon'ble SC whose case knowledge I have; one case is that of an USA s/w POI from Delhi who came back to India to settle their pending issues and inturn got his passport attached as welcome tikka - garland ceremony in due course by unceremonious DP and one of the Bench of Hon'ble SC made cough US $ 20 K pending trial towards maint. arrears whereas since his passport is attached he is jobless and can't go back to earn a income and thus he is forced to appear before Hon’ble Bench as party in person but his case hearing is not coming before current transferred Bench hence ideating in ILI canteen opp. SC whom I bump on and off and we do crack jokes about ‘situations’ :-) . Second case is that of an Aussie POI holder from Rajasthan who also thought on the same lines to come back and settle issues and though appearing before Hon'ble SC via AOR but struck to go back to OZ to his cushy S/w job as his passport got attached and both these cases husbands on good faith to end their matrimonial disputes inspite of wishes of legal advises came back to Indian soil and got struck in due process of Indian Courts. Both these husbands are of same age group as you hence I thought to mention their brief case status as of today.


3. Personally I feel you should come to India and see to an end to all these if you feel you are honest and have not committed cruelties as alleged within the meaning of S. 498a IPC complaint suit by your ‘young wife’. However professionally I will advise to appoint a POA and via video conference as "performa party" eventually get settlement of all issues in various complaint suits without touching Indian soil. Though this suggested process is long way out but legally doable and couple of smart husbands have done it in recent past whose knowledge I have and ld. Courts does recognise performa party settlements of NRI's in S. 498a IPC as well as in S. 125 CrPC.

I advised above since I feel “once youth” is too precious to get wasted in such false and or genuine complaint cases of incompatibilities as true bedroom truth only respective “youth” knows. All a ld. Court does is the persuasive interpretation of such four walls stories as MY VERDICT (like you hear people say na ki either my way or highway......) , but then one does not win out of such bedroom sorry stories of current youth (the third generation or our times) for a simple fact the precious “productive youth years of professional sons of the soils are lost” contesting such gender biased laws of the land! Well that is the repurcussions of creating more and more benevolent class legislations and handing them to todays' metro wives. BTW, is it so J think - think - think and make a call accordingly.