Due to irreconcilable differences my wife and I had agreed to separate and my wife has been in india the past year and half (mutually agreed till we file for divorce), while i was working / living in the UK. My kids are with me , since I did not want, their studies to be impacted. However about 3 months back i saw an email (in spam) from a local police station (india) saying that my wife has filed a complaint against me and my parents, summoning me to visit the police station in question within 10 days of that email notice and she seems to have projected that We (me & my parents) have kidnapped the kids against their wishes. Since then i am worried about what would happen if i & the kids travel back to india to initiate the Divorce proceedings. 1. Can i be detained / arrested once i land in India due to a Look out notice or equivalent? 2. Is there a way to determine the nature & status of the complaint and find out if there has been an LOC (or equivalent) against me from the local police station in question before entering the country? 3. If there is such a complaint and LOC has been issued against, what options do i have to cancel / prepare for it before i travel to India? 4. None of my immediate relatives who i can rely on are in india, who can help me in this aspect regarding the inquiring. Can a local lawyer help in this regard? If so what would be the approximate cost involved with regards to gathering this information officially or unofficially? Would be great if i can get some guidance around this. Thanks for the help
You can be detained if look out notice has been issued against you
2) you can ask your family member to visit police station to make inquiries
3) you can approach trial court for cancellation of LOC issued against you
4) you can engage local lawyer if you don’t have any family member to help you
5) legal fees vary depending upon lawyer engaged by you
Cancellation of LOC…
Dear Client,
As per the facts which have been provided, yes you can be detained/arrested if there is LOC pending against you.
Thank You.
1. If there is a look out notice has been issued against you then the possibilities of getting arrested in the Indian airport on your arrival is imminent. Whether your children are Indian citizens or foreign citizens?
2. You can engage the services of an advocate to get the details.
3. You cannot cancel the LOC staying at abroad, you may have to visit India, get enlarged on bail and then apply for cancellation of LOC against you.
4. You can engage a local lawyer of your choice and get the details of the fee and other expenses through him/her.
If look out is not cancelled then yes you can be
You need inquire it in concerned court of MHA department for the same
You need to go for cancellation of the same before HC
Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
- Being the natural guardian /father , you have legal right for the joint custody of the kids , and none having right to file a compliant against you , except a court order in her favor.
- Further, if the said divorce has been granted by the foreign court on the ground of mutual consent , then she cannot file a petition in India.
1. Only a complaint is not enough for issuing warrant , and further you are also not bound to appear before the said police , until you got a notice under section 41A .
2. The police having no power to issue LOC without a court order , and also in the absence of an FIR .
3. You are not bound to appear without getting a written notice from the I.O. of the case, and further you have right to get anticipatory bail from the court
4. You can engage a lawyer for the said work .
You can contact me, if further suggestion needed.
A copy of the FIR would help to figure out what all allegations under what all sections have been included in the FIR. Merely filing a complaint with the police does not prove your offence and the police do not have the authority to summon you only the basis of just a complaint. Had you been here in India, the police could have arrested you under 498a. But since you are staying abroad, this is an intimation for you to take necessary counter legal measures. Moreover going by what you have mentioned that your wife left your household 1.5 years ago, and that your children are happily and willfully staying with you, it would be difficult for your wife to press charges of kidnapping against you.
As you have also mentioned about a mutual agreement, if you have any document related to the same, it would help you in all legal proceedings against you.
To specifically answer your questions :
1. In case LOC has been issued, then a bail is required for you to be able to travel back to India, else you could be arrested / detained.
2. You can reply to the email that you have received from the police station in India and seek details and copy of the complaint / FIR, as this is your legal right. Moreover this would also help in gauging whether the email is genuine and whether it has come from the authorized source i.e. the concerned police station as claimed in that email.
There is no official centralized mechanism for finding out whether an LOC has been issued against an individual anywhere in India. Any local advocate in the city of the police station where that complaint has been filed would be able to help you out in coordinating with that particular police station to find out whether any LOC has been issued.
3. In case an LOC has been issued, then you would have to apply for and seek bail before you land in India. For this, you would have to send a Special Power of Attorney to your advocate here in India, who would then be able to assist you in procuring the bail.
Generally LOC is not issued for such trivial matters. It is issued for grave crimes and cognizable offences, or in cases where the accused is either not traceable, refusing to receive and accept summons, or is purposefully trying to avoid and evade the law.
If you are sure and get a copy of the FIR, then simultaneously you would need to apply for quashing of the FIR in the High Court of the state of the concerned police station. Once the FIR gets quashed, then all legal proceedings related to that complaint / FIR including the LOC (if any) would also get terminated.
4. As already stated above, a local advocate in the city of the police station where that complaint has been filed would be able to help you out with any enquiries related to this complaint. The cost varies and would depend on the charges that your advocate would seek.
Dear Sir,
- You can represent your matter in India through any of immediate blood relative under the provision of the legal framework
- You must reply to the police notice to avoid the proceeding going against you in future.
- In Incase of no response the case will be moved ex-parte.
Regards
Vivek Arya
