• Queries regarding 498A

I live abroad and my wife is in India has filed for 498a FIR against me and my parents 3 months ago. My parents cooperated with IO so she took out my parents name from FIR and taking no further action. No CS has been filed against me yet. She is on our side now. I want to travel to India and would like to know how to find out that if my passport is cancelled or LOC is issued on my name by home ministry or by other means.
Asked 8 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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13 Answers

If she is on your side now, enter into a compromise and get this matter settled by approaching the Court on strength of the compromise.

At this stage, neither they would have cancelled your passport; nor issued a look out notice. However, to ascertain the exact situation, one will have to inquire at the Police Station and/or inspect the file of the Court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) show cause notice would have been issued to you for Impounding/Revoking your passport at your Indian address mentioned on passport.

2) if no show cause notice is issued your passport would not have been cancelled

3) you can find out from police station where FIR is lodged as to whether any LOC is issued against you

4) if court has directed issue of LOC you can find out from court records as to whether LOC is issued

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

An Indian Passport impounded by govt of India for involvement in a criminal activity, is not valid in any other country,untill revoked.Hence the details of the impounded passport will automatically be sent to the Indian embassy's outside.

The status of the impounded passport will be available at passportindia.gov.in

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In the 498A Supreme court has give guidelines that without family welfare committee report there shall be no arrest or further action. So now if your wife has agreed to your side file a affidavit for same with welfare committee and statement before IO so that in chargesheet if filed same can be mentioned.

Also if for impounding passport a show cause will be issued and for loc contact jurisdictional.police station.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir

We need to look into the case papers. The orders must be issued from the court only. As there is case filed against you we need to have case details to verify that file and check is there any order to that effect.

We need to take anticipatory bail in case required.

Feel free to reach us for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

Your passport is never cancelled by FIR. FIR is just a allegation and nothing is proved. No need to check about the same.

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

No- Dont take tension

- As per the judgment of Delhi High court , If a criminal case is pending against a person the passport office can't cancelled the passport .

- The court said a passport can be impounded only in "appropriate cases" where cogent reasons have to be given in writing by the RPO.

Specially , in a matrimonial cases like 498A , or section 125 Crpc , the court never issue such type of order against the accused husband , otherwise, if heinous offence has not committed by the husband or his family.

Resolve the matter in dispute after coming to India , and the police is bound to give bail if you assist the investigation.

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

For 498a police have to file chargesheet Or a final report in the court. You need not to be worried while travelling in India your passport will not be impounded and you will go back again you maybe asked by the Court to provide security that you will be appearing in the Court when he will be required in connection with the case

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Issuance of LOC on registration of 498a is hardly done, much less, at such early stage.

So you may continue with your plan to travel to India which is otherwise necessary for taking bail.

You will have to wait till submission of chargesheet to know for sure who will be chargesheeted.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hello,

You may file an RTI and ask the police station as to whether the LOC has been issued or not.

You may ask some of your relative to file an RTI here in India and get the required information.

In which city the FIR has been filed?

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. How can she lodge the police complaint in India against your harassment when you stay abroad?

2. Had she file any police complaint against you at your place. if at all she stayed with you there?

3. However, since FIR has already been registered against you, you shall have to apply for and avail anticipatory bail from the Court. first and then contest the case fittingly.

4. You can very well arrive at India since passports are not impounded on the ground that wife has lodged police complaint u/s498A of IPC.

5. After the 498A case is disposed of, you can file a police complaint u/s211 of IPC against your wife for lodging a false complaint against you for causing damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Hi, the same may be known through your parents and the IO of the case. You are suggested to file the Quashing of FIR.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Just merely on the basis of her complaint the police cannot initiate action nfor LOC.

The LOC can be issued only after the charge sheet is filed and the summons sent to you are returned

Then also the police should seek permission from the District collector to issue LOC

It is not a joke that they will jump into this decision straight away on receipt a complaint against you.

The police or even court has not powers to confiscate or cancel your passport for this reason.

You can travel to India by consulting your advocate.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

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