I got married in July 2018 in Jaipur. My NRI husband with his mother (both having US passport) were residing in India from past many years has deserted me more than two years now and left to USA without informing me in Dec 2019 and took away everything. After reaching USA he told me that he cant live with me anymore. Also when I visited my hometown during lockdown in May 2020 he got our rented flat vacated with help of his associates / employees. After that, I filed an FIR under 498/A & 406 and another FIR against his employees for theft. Thereafter, he moved to High Court against 498/A through his relative counsel in Jaipur. Meanwhile, I tried to visit all his known for mutual settlement but he never showed any interest. In FIR, Look Out Circular was also issued against my husband in March 2021. Two months back, the case was transferred to another station on my request since nothing was happening and both parties were called for mutual. His relative counsel appeared on their behalf and agreed on mutual but nothing was put on writing. He seeked one weeks time for getting his commitments fulfilled and assured he was fully authorized to do the same. Thereafter, he got the matter listed behind our back in High Court were he was previously taking dates on one pretext or another and got ex-parte order for prevention of arrest stating that petitioners wants to settle the disputes amicably and for the same they desire to visit the country.What a Mockery! In realty, they have no intention to settle the dispute nor take part in mutual. If he really wanted to settle mutually he could have easily settled before IO. They just got the order to use it as a tool to visit India to fulfill their other duties. I have not filed any case in any court against him till now. Kindly Guide what are my options now? 1. Any way to prevent them from leaving India once they arrive or impounding their passport? 2. Whether I Challenge HC order that petitioner don't wish to participate in mutual or Challenge HC order partially that they may be allowed to visit India only to appear before Court and Investigating officer. 3 Any other remedies before any court of law or judicial body?
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He must have been granted anticipatory bail/arest stay on certain conditions. Go through the order. Was it a final order or an interim order.
If it was an interim order then file an application for vacating the stay. If final then file a petition in the supreme court.
The arrest stay order must be so so that he stays here and resolves the issues before leaving the country.
You can make application in HC for setting aside exparte order take the plea that husband is not willing to settle and has obtained exparte order behind your back
2) you should have filed application before RPO for impounding husband and in laws passport as look out circular has been issued against them
3) file DV case seek alternative accommodation, maintenance and compensation for mental torture undergone by you
There was already a look out issued against him. This was a win win situation for you. You should file application in court to recall high court order as the same is obtained by playing fraud on court.
Without delay, file application u/s 125 CrPC and under Domestic Violence act. Once the court will pass Maintenance order, he will have to pay the same otherwise arrest warrants will issued and may also impound his passport.
Due notice to passport office to impound his passport citing criminal case is pending against him.
First of all recall applcaiton is must ! Can contact for legal assistance.
1. It was your fault that you have not filed your objection to his petition seeking to quash the FIR.
Had you entered appearance in the high court and insisted before high court to settle the matter through high court mediation center, this mishap could have been avoided.
2.Even now you can very well approach high court with a review petition to review its orders quashing the FIR or setting aside the LOC on the basis of the non settlement of issues between you both and may insist high court to direct him to go for mediation and settlement mutually failing which the police should go ahead with the prosecution of the criminal case against him. You may even insist the court to direct him to deposit the passport with the court till the disposal of all the criminal cases pending against him.
If your advocate is not cooperating then you may engage the services of another advocate and pass on instructions accordingly as suggested.
3. You may be firm on your . decision to get remedies for their acts of cheating and other related offences unleashed against you in the name of marriage
1. Yes approach court and impound their passport
2. Yes you can
3. Writ petition
