I am an NRI living in USA, married 3 years back, no kids. Me and my wife have issues, so we went back to India to settle and it didn't work out. So I filed my divorce case in court and came back to USA without informing My wife. I got the case receipt but it is yet to reach my wife's family. Meanwhile, my wife complained all kind of cases on me like dowry, physical harassment, extra-marital affairs in CID-NRI. Police are threatening my parents that they will issue LOC and I can never go to any foreign countries ever after. I have filled a diverse case in court, I don't have provision to complaint in police station on my wife, So i could not. Then I came back to my Work. Then why police and doing this? Can LOC be submitted on me? How to handle this sutuation from USA? Please advise. My parents are taking the heat. Thanks for your time and support in advance.
If an FIR is filed against you then police would issued notice under section 41A of cr PC to record your statement
2) you should apply for and obtain Anticipatory bail from sessions court
3) if you don’t cooperate with investigations LOC can be issued against you
Loc can only be issued if you are absconding from trial
Issuing of LOC is highly confidential matter. It is issued by the direction of crime Court or by order of certain of certain high level law enforcing officers. In both the cases the person against whom LOC is sought must be charged with heinous offence. LOC is also issued in DVC/498A cases. As you have dispute with wife, whether any LOC is issued or not can be ascertained from the Courts in which cases are filed.
She as a retaliation might have lodged false police complaint with the police and might have even influenced the police to initite severe action on the complaint by passing orders for look out circular also.
If you want to come to India and get anticipatory bail and challenge her criminal complaint, then the possibilities for your passport to be deposited with the trial court is imminent thereby you may not be able to return to your country of employment to pursue your career.
You cannot challenge the case by sitting at the remote place i.e., in a foreign country too.
Therefore you can decide between future and the false criminal complaint.
If your parents are also implicated in the criminal case, they can obtain anticipatory bail and can keep attending the court on the dates of hearing.
The police will not be able to extradite you so soon or easily for this purpose,.
The procedure to extradite a person from foreign country to India is a very long and arduous procedure
Of course you may not be able to travel to India for the danger of being arrested in the airport if there is a LOC pending against your name, hence you may better avoid coming to India for quite some time.
You can give power of attorney deed to someone in India to represent you in the divorce case during your absence.
The police can issue a loc and can deny the PCC. Therefore file a domestic violence case against your wife through your mother. Moreover, file clan application for mediation.
Dear Client,
Regardless of whether you committed Domestic Violence or not, if a case is filed against you, you have no other option but to contest it. You would be asked to file a detailed reply to her complaint. Thereafter the court would decide on the reliefs she has sought from you.
In Divorce Petition, you can decide to deny her allegations or also set a counter claim for divorce to be granted on your grounds.
As per my experience, in India, in most of the domestic violence cases women get no relief except maintenance, if fought diligently.
Thankyou
