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Jayant (Others)     30 September 2014

Lookout circular on matrimonial issue

My brother is a US citizen and he got married to a India woman in India.The relationship between them dit not work so well so after 2 days of marriages they had issues and he left India.

 

His wife is living in India in her parents home.As far as i know she threatened to file 498a case but till now we did not receive any notice or heard anything.Only we received a call last month on ny phone from the CAW cell that we should come and visit them but other that this call we did not receive any letter or any other calls.

 

Now my brother is visiting India after 2years.Is it possible that there can be a LOC issues against him withoutany notice or anything without our knowledge.Also he is a US citizen so other than his name there are no documents available to the girls family.

 

Thanks

Manjeet



Learning

 7 Replies

Tajobsindia (Senior Partner )     30 September 2014

@ Author,

 

1. The legal position is that statutory bodies like NCW/CAW/DCW cannot make a request for the issuance of an LOC. Apart from the Central Government and the State Government there is no other authority on whose request an LOC can be issued.

 

2. Only after an FIR is registered with jurisdiction police station a officer not below the rank of DCP can sent a formal request in the prescribed format for opening up a LOC for named person.

 

3. Having made provisions of Law clear as in above two paras if you fear there has been an LOC opened up against your visiting brother and chances of his 'off loading' there against back drop of facts, then suggested to make personal visit to DCP office in jurisdiction Police District to find out the same and warn in advance your brother  and/or also take remedial measures accordingly.

 

[Last take]

Manjeet (Others)     30 September 2014

Thanks a lot Tajosindia for your response.

 

As per your second point "Only after an FIR is registered with jurisdiction police station" 

Is that really possible for an Officer above rank of DCP to issue a LOC only by filing an FIR without any notice or court order or sending any information.As my brother is a US national and if a FIR is filed against him in India then is there no procedure of informing the concerned embassy of the nation of the person when such FIR gets issued ?

 

Also how can we really find the jurisdiction as the girls family is living in Delhi Uttam Nagar but she can file a FIR from any part of Delhi right ?

Manjeet (Others)     06 October 2014

As per the documents attached in the below given website

 

https://maritaljustice.org/downloads/docs/LOC.pdf

 

It states the guidelines for publication of the LOCs in relation to Indian citizens issued by the Ministry of Home Affairs.Does that mean the LOC against a foreign citizen with PIO/OCI card holder is different ?

 

Also can LOC be issued without the knowledge of any identification number of the foreign citizen only with name ?

Manjeet (Others)     07 October 2014

https://www.sbsnagarpolice.com/Forms/loc.PDF

 

I found this LOC form and in this it clearly states that LOC can be issued only for 1 year and then needs to be extended.Also there is a column for passport Number and details of it and it seems that without passport details one cannot issue a LOC.Please correct me if i am wrong.

Manjeet (Others)     07 October 2014

Thank you Raj123 for the information.

So what you say is if a police officer above the rank of DCP wants he can easily issue LOC against anyone without involving any judiciary or sending any court notice or summons.

Manjeet (Others)     08 October 2014

 

Mentioned by Tajobsindia that The legal position is that statutory bodies like NCW/CAW/DCW cannot make a request for the issuance of an LOC.

 

But what about this low case in which NCW requested to issue LOC ??

Vikram Sharma & Ors Vs. Union of India & Ors 

 

@noname_123

 My brother left his wife because after marriage she told him that he is not her type and she was forced into marriage so she has to continue to live entire life with a man who is not her type.

henriettarexach (New York City)     12 October 2014

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