• 498a, LOC, MOU


I got married on Aug 2013. I and my wife traveled to USA on Sep 2013.
Due to many differences she left to India in Dec 2013. We agreed to plan for mutual divorce.

But in Jan 2014 her parents attacked our parents with bunch of rowdies and my mother got admitted into hospital.
Later my wife/thier parents started demanding 45 Lakhs after this threatening. I denied and wanted to contest in court and wanted to file harassment case agaisnt her, but the mediators influenced my parents and delayed the filing of case.

Meanwhile she then went ahead and filed 498A against all of my family (While my parents were here, I was in USA then).
I even did not give up and asked my parents to fight against it in court. But they are very elderly and the case was going in merry go round till 2016 with threatens and other discussions with mediators on both sides.

In July 2016, finally agreed for an offer of 12 Lakhs. So the Memo of understanding was written, signed and submitted in court for divorce, with an initial payment of 6 lakhs issued to my wifes name.

The date of hearing was give on March 6 2017.

Also the 498A case withdrawal petition was filed and hearing was due to on Jan 11 2017.

Whilst this was happening, I had to travel to India on job purpose so I enquired if its ok to come on Jan 4 2017. Since all the proceedings were good my parents said its fine.
But on Jan 4 2017, the Bureau Of Immigration withheld me at airport and upon asking mentioned there was an LOC. I was sent to police station and kept there for an entire day till my parents worked with lawyer to obtain bail (which the lawyer mentioned was issued only till Jan 11, 2017 which is the day of the case withdrawal petition).

I came to know that the lawyer working on our case is same as the lawyer working on her case too. I am now in dilemma what should be done and how to come out of this situation. I need to travel back to US and have to go to visa for stamping by end of Jan 2017. But my passport is in Police station and I am not sure what could possibly happen or they can do on Jan 11 2017? What if they do something bad again?

Please adivse how to go about it. I feel downsided and lost hope on life, inspite of giving 6 lakhs too, I have to go through all this trouble.
Asked 7 years ago in Criminal Law
Religion: Hindu

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2 Answers

1)you can make application to court for release of your passport and permission to travel abroad

2) rely upon MOU entered with wife and proof of payment of Rs 6 lakhs

3) since withdrawal petition for 498A has been filed court would permit you to travel abroad

4) in the vent wife with draws her consent and divorce petition is dismissed file an appeal against order of dismissal as you have already paid her Rs 6 lakhs as per MOU and are willing to pay balance amount

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1)are any restrictions imposed by court on your travel abroad?

2) if no restrictions are imposed you are at liberty to travel abroad and seek release of your passport

3)if your wife does not attend court on 11th instant court would adjourn the case

4) rely upon MOU wherein part payment was made by you

5) offer to deposit balance portion in court

6) if your divorce petition is dismissed then file appeal against order of dismissal

7) you can request he court to quash 498A case even if wife does not appear as you have made payment as per MOU

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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