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shailesh shukla (none)     24 May 2013

4981 help

Dear All,

 

Please help me with the below issue, i will be greatfull to you .

 

My wife filed for 498a against me  and my mother. My mother was arrested and bailed. I was not in the country. Now me and my wife have decided to get divorced. i have agrreded to pay her the money in return.

 

The problem is police. When we informed that we have reached an agreement, the police have starting harrasing my parents saying that the moment I enter india i will be arrested at the airport. 


Or if i make through immigration and apply for the bail, they will take my foreign passport away from ,me.

 

Can some one please please give some advice in this matter. What should be done and how should i go about this.

 

Thanking you all in anticipation,

 

Kind Regards

Shailesh



Learning

 14 Replies

Sanjeev (Lawyer)     24 May 2013

The case has been registered so since you have agreed to get divorce get the 498A case quashed from High Court. 

Ratnesh kumar (Advocate)     24 May 2013

your should file a anticipatory bail in the court on the ground of compermise between you and your wife . and accordingly the case will be disposed also in future . and no body will cease your passport if ithe bail will be awarded  the ground of compermise.

thanks and regards

ratnesh kumar 

(advocate)

09334185956,09835450455

Sudhir Kumar, Advocate (Advocate)     24 May 2013

agreed with experets.

shailesh shukla (none)     24 May 2013

 dear sanjeev,

 

i live in mumbai. can you help me with this process. also, provide your cell number so that we can chat

 

regards

shailesh

shailesh shukla (none)     24 May 2013

hello ratnesh,

 

 i am based in mumbai. can you help me with this?

shailesh shukla (none)     25 May 2013

i dont hold indian passport. i am not indian citizen

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     25 May 2013

Dear shailesh,

I contested similar case in Delhi, the boy was in Australia (citizen of Australia).  The girl did same thing matter was compromised through attorney (father of boy). The court also grant divorce to both girl and boy, even High Court quashed the FIR. all this happened without coming of boy to india. Don't worry everything will be fine. Appoint a good advocate in mumbai. As your mother has got bail have patience for some time.  if you will panic then she will charge more alimony from you.

 

Rajiv Bhasin

Advocate

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

shailesh shukla (none)     26 May 2013

Dear Sir, Thank you for your email and advice. But unfortunately, I am coming to india on 3rd June. So what are my options. I am willing to discuss this with you if you can provide me with your number. Also, can you please advice if you or your firm can do that for me.

Please let me know. Also, I have been threatened by LOC. I do not know wht this is and how this works.

Any idea ?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 May 2013

As long as the case is there you will be arrested.

 

Only option is to apply to HC for quash of FIR since your spouse is ready than only you should enter the country.

Divorce can not be granted in your absence. THERE IS NO PROVISION IN ANY LAW. You have to appear in the court with your spouse for divorce case and if she is ready it is routine matter.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     26 May 2013

Dear Mr. Shukla,

I am practising in Delhi not in Mumbai. So, it is better to contact mumbai based lawyer. 

You can contact me on my mail id and mobile no.

 

Dear Mr. Defense,

 Please go through CPC Order III and power of attorney act. I can provide you the detail of matter whenever you like. I did the same thing which I adviced. 

In my matter, I got the matter settled through mediation centre, where father who got power of attorney from son in Australia signed the settlement on behalf of son. we filed the mutual consent divorce petitions and finally quashing at high court. In my matter too LOC was invoked by Delhi Police against boy even then every thing was done in absence of the boy.

Rajiv Bhasin 

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

 

 

shailesh shukla (none)     26 May 2013

Dear All,

 

Please advice on this matter, I will be greatfull to you all,

 

1) Does LOC applies to foreign nationals


2) i am not a holder of inian passport any more. I was indian citizen but now i have taken british nationality and surrendered by Indian passport.


Can they still stop me at the airport and impound my British passport ?

 

Please  help me and advice as I am travelling to india on wednesday.

 

thanking you all in anticiaption


regards

shailesh

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 May 2013

Mr Bhasin Pl give the case details where you got DIVORCE through POA, it will help many others who live abroad.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     28 May 2013

Dear sailesh,

You will land in trouble unless and until you got anticipatory bail. LOC is invoked as crime has been allegedly committed in India, irrespective of citizenship.

so better get anticipatory bail.

Dear Mr. Defense,

Please let me know whether you have gone through the cited subject. I am ready to help the fraternity and brothers but this not the way,  you are asking me. I have standing at Bar about 17 years. 

There are no. of landmark judgments on Power of attorney by supreme court of india and different High Courts, you can also read them. 

Rajiv Bhasin 

 

 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 May 2013

Why you are avoiding the issue.

 

we will read the citations on POWER OF ATTORNEY, but you please tell us when and where you got DIVORCE THROUGH POWER OF ATORNEY.

 

JUST SOME FEW YEARS OF STANDING ON BAR CAN NOT ALLOW YOU TO MAKE LAWS AS YOUR WISH.