• Husband escaped to USA on L1

Hi Team,

Husband ran away to USA on L1 Visa. There is an FIR raised on him (IPC 498A,3&4 DPA,420,506). Even police has raised LOC (Look out Circle) so that they can catch him one he is back to India. 

However the husband being aware of this situation does not want to come back ever to India, Rather he is in process of applying a Green Card and stay in USA. 

What are the options to make sure he comes back to INDIA at the earliest before the Green Card is issued.
Asked 6 years ago in Criminal Law
Religion: Christian

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16 Answers

Apply to RPO for impounding your husband passport

 

2) enclose copy of LOC issued by police against your husband 

 

 

Ajay Sethi
Advocate, Mumbai
99884 Answers
8150 Consultations

You can make online complaint on ncw which is run by ministry of external affairs and they order to impound his passport or may give warning to him to return back to India.


Visit below address and write online complaint

http://ncw.nic.in/

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi,

In the present circumstances, you may obtain an order from the court where the case is going on for his appearance in the court. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

See at this stage best thing to do would he apply for cancellation of passport before the court though there are judgements staying that it cannot be cancelled.based on criminal charges but you can still try the court may pass relief in your favour.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- The Ministry of External Affarirs, has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) husbands for deserting their wives. 

- Hence, you are advised to lodge your complaint before the Ministry of External Affiars after narrating all the facts including the cases in India against him , and further his denial to receive the summons of the court.

- A copy of the same should be forwarded to Indian consulate in USA as well , Then his case for getting Green card will be stopped at one, and he will be deported to India. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

1. Ask the court to pass order for execution of arrest warrant though the office of Ministry of External Affairs.

2. On this basis the govt of India can initiate extradition proceeding as well.

3. Since LOC is issued you can rest assured the husband would never set foot on his motherland without getting himself subjected to the jurisdiction of the court. 

Devajyoti Barman
Advocate, Kolkata
23657 Answers
538 Consultations

- Do send the copy of FIR to MEA through register post and follow through RTI the development in sent post.

- Second, once the case reaches court. Do submit in plea to order the MEA to take necessary action against your husband i.e MEA to approach the USA consulate for his expedition etc.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

You can serve him the summons through ministry of external affairs if they find criminal cases pending on him they will depot is him

Prashant Nayak
Advocate, Mumbai
34596 Answers
249 Consultations

1. The only chance that you stand to bring him to India is before he obtains green card. Once green card is obtained then it will be impossible to get him extradited as US never extradites for 498A. They do not even understand the concept of dowry in the first place.

2. Apply immediately to the RPO and Ministry of External Affairs to impound his passport and seek his deportation to India.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1.  Apply to the USA consulate /embassy, annexing the Police "LOC" and Court Charge Sheet, and request the authorities to cancel /revoke the L1 visa.  ALSO send the same to his employer.

2.  Consequent to the above, the person will be deported back to India, for the necessary legal proceedings in court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir/madam

Under the prevailing Indian laws it is very difficult to catch him unless he himself voluntarily comes back then he may be arrested . 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Write to local regional office about FIR and LOC. Passport authority will impound his passport. Certain extradition.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If the immigration officers of a country have Lookout Circular against any absconding offender then the absconding person can be nabbed by the officer. 

Mohammed Mujeeb
Advocate, Hyderabad
19348 Answers
32 Consultations

You should send the LOC copy to Indian embassy in US

also send the copy of FIR and LOC to him employer. To create pressure on him.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

There are no options to bring him back to India, especially  since this is a matrimonial dispute in nature, there may not be any possibility to extradite him from there to India.

You have a LOC issued against him, hence whenever he tries to enter India through any airport he can be arrested.

 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

An application must be filed in court so that summons may be issued to him through the embassy or consulate. The US authorities must be informed that he is a proclaimed offender.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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