False 498A - Look out notice and Next steps
A false 498a was filed on my family and me in March 2016 and since then,
1. My parents and brother ( A2, A3 and A4) have obtained the stay of arrest
2. Stay of Arrest for me (A1) was rejected , as I live in the UK I haven't re-appealed or applied for a bail.
3. We have started negotiating with the help of the case officer at Police station and have agreed to the terms of MOU.
4. We have returned each other the belongings and we have given 50% of the agreed amount at the time of signing the MOU.
5. 498A case is still open with the police station.
6. We have approached Family court with MCD filed by my wife. First hearing due to a small error in documentation judge asked us to get another hearing date. My father who has GPA in family court is attending the sessions on behalf of me. Next hearing is on 3rd of Nov.
Now, we are not sure if what we are doing is right.
Our Lawyer is saying that as we have the signed MOU, it doesn't matter if we get the divorce first or get the 498a quashed in the High court first.
My wife and her family are preferring to get the divorce first get the full money and then they saying they will come to high court to file the quash.
I will have to come to india for the final hearing at the family court, however we are not sure if there is an LOC that was given out on my name.
What is my safe play, what should i do and what is the order of things to wrap a 498a case with no future complciations once we have come to terms.
Asked 8 years ago in Family Law
Religion: Hindu
Further clarifications, I have recently acquired british nationality and hence i will be travelling on Indian visa and not on indian passport. I have already surrendered my indian passport how does this effect the LOC if there is on issued on my name.
How do i know if there is a LOC on my name in the first place?
Asked 8 years ago
Thanks everyone for the advice since I have posted my question,
1. I have arrived in India and was stopped at the immigration however once immigration officials spoke to the in-charge officer at the police station who informed them that we have come to terms, I was let go.
2. We have appeared before the family court and have got the divorce orders from the family court on paying the remaining money for the full and final settlement.
3. Officer in charge at the police station informed us that she sent the family court order + the memorandum of matrimonial settlement deed + final case investigation summary along with a written letter from my wife that she has come to terms and is willing to close the case to the concerned court. She further informed that she got the approval to go ahead and close the case and that the LOC should be cancelled.
Now, do we still need to go to high court to get the case quashed ?
How can we check the status of the case and LOC status?
and most Importantly,
My brother who is accused #4 is waiting to renew his Indian passport and we are worried if any of this can affect his application?
Asked 8 years ago