Long Story short First false DV case was filled and then 498A against me, my father and my sister in India. I am on H1b visa in US. After 498a was filled, we found a very nice family lawyer for us and he is working hard to get it settle out of court but when other party is thugs, nobody is sure what could be the outcome. I have following questions for you. Q1. Lets assume that if out of court settlement fails, how long would it take (average and best case) to revoke my passport ? Idea is I am under education loan, If I am able to work for 2-3yrs, when I go back to India at least I have money to fight false case and gained experience in company which will help me get new job once I am proven non guilty Q.2 If case is pending but passport not revoked will renewal of H1b visa in US can cause problem ? I have heard US authority takes action if conviction happens not on mere basis of complaint. You can cite your examples Q3. My lawyer is telling me not to come to India and pushing for exparte divorce. He is saying since payment will be given on affidavit, future maintenance claims will not happen as mutual divorce without presence not possible in India. Q4 From prev question, Video conferencing is not available in family courts in Himachal, can mutual divorce happens via POA (if I give to my father) from US Thanks
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1) mere filing of 498 A case is not sufficient to revoke passport
2) if look out circular is issued your passport may be impounded .it may take a year or so
3) apply for and obtain Anticipatory bail from sessions court
4) renewal of visa should not be problem because 498A case is filed
5) you can execute POA in favour of family member for filing fir divorce by mutual consent
1. Passport cant be revoked unless you deliberately avoid attending court even after the order of the court. It's better you appoint a lawyer who represents you in india
File a writ petition in Hc and seek directions of VC in your case VC is allowed all over india as per SC orders
Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
1. It will take time to finish trial of both the cases , and further if there is not settlement out of court , then your lawyer can mention the court for referring the case to the Mediation cell
- Further, if no settlement , then you can take anticipatory bail from the session court for removing the probability of NBW. or order of impounding the passport.
2. No, it will not cause problem if will take anticipatory bail in the FIR under section 498A.
3. Ex-parte divorce will be granted to you , when she will not appear before the court after receiving the summon /notice of the court , and further even if it will granted then she will have 90 days time of challenge the same.
- Since, she has already filed DV case, then try to settle the dispute with her with the help of the court , and if you are going to pay her then this affidavit should be filed in the court , otherwise she can refuse the affidavit and its content.
4. Yes, after moving an application for the same. However enquire from that court for VC.
Dear Client,
As per the facts which have been provided, renewal of visa will not be a problem if 498A is filed.
Thank You.
1. Where is the question of revocation of passport when it was not cancelled. ?
The criminal case may run for at least a period to get disposed, one year after the charge sheet has been filed.
2. If your passport is cancelled as of now then you cannot stay in US without a valid passport hence what do you want to say by revoking the passport. The conviction in a criminal case may affect the visa application or getting visa but if you are already there in US on a visa, then that may not be affected.
3. If she has filed the divorce case and you are not appearing despite receiving the summons then the court in India may set you exparte and pass an exparte judgment
4. For mutual consent divorce, you can give POA to your father but you may have to physically present for the second motion to confirm your decision for divorce before court in person,.
