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Harassed NRI (Harassed NRI )     12 June 2023

All uk citizen - husband + husband's father+ mother+brother+sister-fake cases of dowry dv

Family, All UK citizen - Husband + Husband's Father+ Mother+Brother+Sister- Fake Cases of Dowry DV

all have fake cases of Dowry, DV, 406, 498a etc., on them. they never received any court summon at their normal place of residence in UK . they have been living in UK for more than 25 years, all UK citizens at the time of marriage in 2015 in India. Just visited India for marriage. Cheater Girl & her family filed fake case on husband and family to extort money. Girl is Indian citizen and has no legal Immigrant status in UK.

As no one represented in Indian court, court  issued following orders to bring accused back in court in India.

Look Out Circular

Non Bailable Warrant

Proclamation Order

Question:

if Husband's family -Husband's Father+ Husband's Mother+Husband's Brother+Husband's Sister wants to visit India, what will be the proper legal process for them to be safely travel to and out from India ?

what legal steps be completed before they land in India?

do they have to surrender to law  / court after landing in India or they can seek relief before landing in India?

what relief they should seek before landing in India ?

can passport be seized for indefinite period and they can not travel back to UK losing their job ?

family afraid of getting stuck in India with passport seized and so never visited earlier. now girl already divorced ex parte in years  2020.

earlier all legal documents were sent to address of husband's uncle in India.

Please advise.



Learning

 5 Replies

Shashank Saxena (Lawyer)     12 June 2023

Hello querist!! An LOC does act as an impediment to your freedom of movement and you may be restricted to leave. however, A Look out notice circular (LOC) is valid for an initial period of one year but it can be extended, so it needs to be checked whether the same is still in operation or it is being extended?

The fact that the case was decided ex-parte does not mean that he/she is not liable anymore for the charges against them. Regarding the course of action, you must file a writ petition before the concerned High Court to get the order set aside while simultaneously filing an application for the grant of anticipatory bail. You can proceed to file such petition/ application while you are still in UK.

Alternatively, you can directly approach the supreme court of India by filing a special leave petition against such an order(s). But i would recommend that you first exhaust the remedies before the concerned High Court.

 

Dr. J C Vashista (Advocate )     12 June 2023

Niether LoC . nor NBW / or PO can be declarated in circumstances as explained.

However, if so, consult and engage a local prudent lawyer to inspect case file, form proper opinion and proceed. 

Supreme Court shall not entertain any SLP without challanging an order of High Court, wherein you may move in writ petition before High Court.

Shashi Dhara   12 June 2023

As  all are UK citizens contact British High commissioner of India  or ambassador or consul for safe travel in india

 

Harassed NRI (Harassed NRI )     14 June 2023

Hello Law Experts: how to deal with if UK citizens trapped in Dowry DV fake cases ? 

Look Out Circular

Non Bailable Warrant

Proclamation Order

thanks 🙏 
Read more at: https://www.lawyersclubindia.com/forum/all-uk-citizen-husband-husband-s-father-mother-brother-sister-fake-cases-of-dowry-dv-229677.asp

Sudhir Kumar   02 August 2023

Agreeing with the above you I would add that they should not at all land in India unless having been granted a bail and Order of loc and proclaimation order realled by the court.


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