Coming to india after dv case filed against me

No, there would not be any problem in return to US in the case u/s 12 of POWFDV Act, 2005

Your level of trouble will depend how well your wife's advisors are enlightened.

It also depends on what she has written in the case against you. I also agree with Sudhir Kumar. Which passport do you hold?

In the meantime she should not file 498A,which could lead U into legal troubles for returning back immediately.But even in DV case mere giving POA will not fetch U relief.UR presence will be required at the time of cross examination,which cannot be done to a POA holder.

 

@ Mithin

 

Neither the Police nor the Courts can impound your passport.

Briefly, it can be seized.

 

Read this court verdict here and then the remaining part.

 

https://www.thehindu.com/news/cities/Madurai/neither-police-nor-court-can-impound-passports/article4339523.ece

 

 

Read this and then the last line.

 

Technically, Legally, there should NOT be any problem for you.

 

But, the law has many sections. 

 

Each section has loop-holes too.

 

So, it all depends on your advocate and how well he/she convinces the court that you are law-abiding and are NOT EVADING/ NOT ABSCONDING.

 

 

In a criminal matter, POA does not hold validity.

 

See, one thing though. Nobody, except for similar victims would believe that a wife files a case without any reason.

 

But experienced people, people with common understanding of human life, legal professionals and normal members of society know that anybody can attempt anything, whether it succeeds or fails.

 

So, even before you touch down India, send a post from abroad, by regular speed post through the United States Postal Service, a letter to the Inspector of Police, listing the case number and mentioning that 

 

YOU SHALL BE DUTY-BOUND and CO-OPERATE WITH THE LAW ENFORCEMENT AND LEGAL AUTHORITIES for any legal activity in this matter.

 

Also mention that

 

YOUR CAREER AND EARNINGS ARE THE ONLY MEANS TO SUSTAIN YOU and HENCE KEEPING IN MIND THE IMPORTANCE OF YOUR CAREER, IT IS IMPERATIVE that your movement back and forth India and USofA, is not hampered, by any means, whatsoever.

 

Also mention that

 

REST ASSURED that I, Mithin, shall continue to remain a law-abiding citizen and shall neither abscond nor evade the law and legal machinery of India.

 

________________________

 

Mithin, mark a copy of this to the Asst.Commissioner of Police, The Deputy Commissioner of Police and the Commissioner of Police.

 

Also, mark a copy of this to the Registrar-General at the High Court.

 

In the letter, the main letter, addressed to the Police Commissioner, say

' copy marked to ' 

and list each of the above along with their office addresses.

 

__________________________________________

 

Now, this is the safest option where you establish beyond doubt, your intentions to be law-abiding.

 

So, even if your passport is seized, the very fact that your family has been regular in attendance to the court proceedings, the grounds for argument in your favour becomes strong for your advocate

 

Your conduct and intentions prove you to be a fit case to have your passport released, even if seized.

 

__________________________________________

 

BE BRAVE

 

BE BOLD

 

THINK POSITIVELY

 

WISH GOOD FOR ALL

 

TRUTH ALONE WINS

 

GOD IS GREAT

It all depends on the merits and demerits of the case/s etc.

Originally posted by : KS Johal
	It also depends on what she has written in the case against you. I also agree with Sudhir Kumar. Which passport do you hold?

I have India passport.

Thanks a lot Natarajan sir for your advise, it is very informative and helpful.

If there is a case under the said act alone then here is nothing to worry about the passport issue or immigration issue while returning to US.  By the way how did you give POA in the criminal case as a respondent to somebody which is not permissible in law.  

@ Advocate Kalaiselvan Excellent observation. We have each missed to see that point. Excellent. Yes Mithin, how did you give a PoA in a criminal case ? How ? Again, to add, Advocate Kalaiselvan, unless there is a requisition formally accompanied by a proper legal record, the passport officer ( authority ) may or may not impound the passport. Police and court can only temporarily seize the passport. That is what the honourable judge too has observed in the case mentioned in the link given in my comment to mithin's post. But, the PoA matter totally escaped our attention. In our desire to address concerns of humanity, suspicious points escape our attention. So we need to be double-alert, before answering queries. hmmm... Anyway, thanks for the quick observation Advocate Kalaiselvan. Good Job

Mithin,

  My situation is exactly similar to yours, or was few months back. All the best.

 PM me if you need any advice.

thanks.