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changindia (others)     11 January 2016

Mediation divorce 498a

Help from lawyers. i have 498a on me and i in uae. nbw on me. party accept first payment and ready to close divorce (contest divorce application first hearing is 18 january) and 488a.

can i take AB and come? case in high court.

can mediation date requested by divorce judge in 2 weeks,can mediation be close in 2 weeks and divorce case close?i have 4 year boy too, any complications because of this. i want to complete mediation get divorce and travel in few weeks..is possible?



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 5 Replies

DINESH (Manager)     11 January 2016

Message : My personal experience and honest suggestion. 

Do not visit India or land in India without Anticipatory Bail order.

Be prepared to be stranded and held-up or stuck in India for atleast minimum 3 - 4 months.

Keep your office informed and tell them the truth. 

Police must have definitely put an LOC (look out circular) on your name.  Be prepared to be taken to police station from Airport directly.  Ask your lawyer to check and confirm this with the investigating police officer.  LOC means that they inform all the airport and the immigartion authorities that you are an WANTED / CRIMINAL absconding / run away from India.

Immigration authorities will hand over you to police once you land in India airport.

You will be immediately arrested and your PASSPORT CONFISCATED the moment you land in India. AT ANY COST DO NOT LET YOUR PASSPORT BE CONFISCATED BY POLICE OR IMMIGRATION AUTHORITY.

To avoid arrest and passport confiscation obtain an ANTICIPAROTY BAIL ORDER, with CLEAR CONDITION MENTIONED THAT PASSPORT NOT TO BE CONFISTICATED, while you are still out of India. The order should mention that passport not to be confiscated. I did it. you can also do it.

Be prepared to spend the half of your saving and all the earning you have till now.

I paid 5lakhs to the Judge to get the court Order to travel out of India and court order to remove LOC from my name with the immigration authorities.

I spend a fortune in 2 months to get out of India. to get Anticipatory bail order and to get my LOC released from police and immigration authority.

I was denied bail and was subsequently arrested and was in Jail for 3days.

After that I started to process to clear the LOC from the Immigration records, Without clearing LOC you cannot travel out of India. It takes minimum one month to get LOC cleared.

You have to get the court order to travel out of India and then the LOC will be cleared or removed.  AT ANY COST DO NOT LET YOUR PASSPORT BE CONFISCATED BY POLICE OR IMMIGRATION AUTHORITY.

Once you land in India. be prepared to spend long hours (maybe days) just sitting idle and doing nothing : at Police station, at lawyer office, at court. Nothing will happen on fast track or quickly.

Mediation is a lengthy process,  It will take longer than  two months to actually come near to achiving any mutually agreeable conditions. 

Good Luck, All the best.

Sidharth   11 January 2016

Mr Dinesh rightly advised you to not to come without Anticipatory bail and cancellation of NBW. Appoint a lawyer who represent you in case as well as in mediation. You need to come only once i.e at time of second motion of divorce. Before that opposite party will have to withdraw all cases from court. No need of separate lawyers for both parties, single lawyers will represent both parties. 

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 January 2016

I am very sorry to see how these corrupted judges and advocates are looting innocents for mere divorce case. Better never land in India.

 

Please see my profile links. That may help you.

kannan   11 January 2016

I once sent email to chief vigiance commissioner state that a judge asked lakhs to proceed a divorce case. But no action. Dont belive the law will do just.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 January 2016

"Mediation is a lengthy process" - That we can understand from the post of Mr. Dinesh; even you pay millions.

 

Now the question is - Why? 

 

May be my profile headlines make you understand that.

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