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Reply to topic  [ 17 posts ] 
LOC removed...the fight is still on. 
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Joined: Fri Apr 13, 2012 11:51 am
Posts: 208
So guys..after exactly 1.2 yrs after I left US to handle my case..here I am back in US :)

1) Mrs498a filed 498a/406 against me and my parents in feb 2012...that too after almost 1.5 yrs of seperation.
2) Returned to India immediately..thankfully wasnt arrested at airport although they had initiated LOC against me....later came to know that although initiated earlier...it became effective 3 days after I reached India...so thankfully no arrest :P
3) Got AB from HC...with the condition that I cannot travel without court's permission.
4) Got my CS within a month after I returned.
5) Meantime also was slapped with DV....ofcourse I as well filed perjury and blocked her DV interim.
6) Got interim stay from 498a...using crpc 188
7) In Apr 2013 got all bail conditions waived off.
8) Immediately got passport renewed...got a 10 yrs valid passport now till 2023 :)
9) 1 yr had passed post CS filing + HC waived off all bail condition..so immediately got my LOC removed
10) Travelled back to US....and made sure my GC processing doesnt stops :)

In short....no maintenance in 125 or DV so far, passport renewed, LOC removed, 498a stayed, spent 1 good yr with parents...and now back in LA with GC in processing.

Lessons learnt :-

1) Persistently approach HC for getting bail relaxed.
2) If you are an NRI.....play the entire game in HC and SC, coz thats the only place you can remotely expect any justice.
3) Once you have a HC order for travel...immediately try for LOC removal...Approach to be made in following sequence : Local PS > DCP of your area > DCP of Security Control.....and make sure you get your request for LOC removal received from each place.
4) Most importantly......keep an eye on opp party's every movements and consistently keep working on your case...and keep working for the movement.


Tue May 28, 2013 4:57 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
But remember one thing

One cannot jump directly to SC bypassing the HC or any lower court.


Tue May 28, 2013 5:20 am
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Joined: Tue Dec 11, 2012 6:47 am
Posts: 247
Location: UK
AAO,
Hit a strip club and enjoy your life now :-)

Cheers!!!


Tue May 28, 2013 7:18 am
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Joined: Thu Aug 16, 2012 4:59 am
Posts: 45
AAO, how did you manage to get HC to get bail conditions relaxed? Did you have a job offer from the USA?


Mon Jun 17, 2013 8:04 am
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Joined: Fri Apr 13, 2012 11:51 am
Posts: 208
It took me a year to convince the HC :)...in between I apptoached HC thrice....each time although they kept relaxing other bail conditions but not the one for me to travel.....however finally they allowed me to travel abroad....basically got all bail conditions waived off :)
Yes I had a valid work visa...and a very considerate firm :)

Once conditions waived off....got my LOC cleared and flew off.

Again...the key is never to lose hope and keep trying again and again.


Fri Jun 21, 2013 8:20 pm
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Joined: Wed Jun 16, 2010 5:39 pm
Posts: 286
Did u have specific order written in AB about travel condition or its based on AB granted condition laid under 438 (2).

By the way good thread...


Thu Jun 27, 2013 7:00 am
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Joined: Sun Nov 18, 2012 12:58 pm
Posts: 756
@AAO,

are you from Delhi?


Thu Jun 27, 2013 9:05 am
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Joined: Fri Apr 13, 2012 11:51 am
Posts: 208
@saxena....Nope..I am not from Delhi....although I wish I was from Delhi, where the situation is slightly better when it comes to bail condition relaxation.
@sunny...yes the conditions were imposed as per 438(2)...all 3 of them.....meet IO every week, no threats to opp party,cant leave India without prior permission of court.


Fri Jun 28, 2013 7:17 am
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Joined: Wed Jun 16, 2010 5:39 pm
Posts: 286
I mean to ask that all three additional conditions were clearly stated in ur AB?

Or its likely hidden condition as if several order i have seen that all conditions laid under section 438(2).

I dont know whether its make any difference between above two, coz most of the AB granted under 438(2) and if judge want can impose any additional condition like meet IO, travel restriction, surrender passport etc. If no additional condition stated by judge that means no restriction?


Fri Jun 28, 2013 7:51 am
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Joined: Mon Feb 06, 2012 8:24 pm
Posts: 453
bro, how did u manage to get her maintenance cancelled in 125 and DV ? on what reasons did u file perjury and how is it done ? please elaborate on this in detail.


Fri Jun 28, 2013 8:48 am
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Joined: Fri Apr 13, 2012 11:51 am
Posts: 208
my apologies...I tought u were asking about the original AB order.
Yes...in the bail condition waive order.....its clearly mentioned that all conditions are waived off.


Sat Jun 29, 2013 2:55 am
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Joined: Fri Apr 13, 2012 11:51 am
Posts: 208
coolguitarist >> my 125 or DV are not cancelled....just perjury hearing, judge is reluctant to give an order...and opp party is reluctant to pursue either 125 or DV :)
for me.....ground was she lied about her employment.


Sun Aug 18, 2013 8:42 am
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Joined: Sat Jan 12, 2013 1:51 pm
Posts: 21
I am currently in process of my bail proceedings in high court and mediation is almost failing.
I surrendered my passport as per judge on first date of application and I lost my job after struggling for almost 6 months.
Now I can find a new job where I need to travel only 2-3 weeks every two months.
Is it possible to convince judge to release my passport without effecting my bail proceedings and not to impose any travel condition in my bail proceedings ?

dt


Sun Aug 18, 2013 9:27 am
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Joined: Fri Apr 13, 2012 11:51 am
Posts: 208
Ur lawyer needs to put forth ur job criteria...and pray court doesnt impose any irrelevant criteria/condition during bail.
Also you need to file a seperate application for returning ur passport.
Make sure u have some email/letter from ur employer regarding ur travel requirement handy during bail hearing.


Mon Aug 19, 2013 7:38 pm
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Joined: Fri Oct 03, 2014 3:49 pm
Posts: 1
I am victim of 495,498,120,420 ... few more !!!

My name is showing on INTERPOL and CBI Most Wanted person as my wife filed fabricated case and I am US citizen and she is Indian Citizen and I filed petition for her and she came to US and she has now GC coz of me !!!

High Court issued stay order on my case including arrest warrant and same has been given to INTERPOL / CBI / GUJARAT POLICE but nobody is acting promptly even after doing RTI !!!

Can anyone guide me what should I do next ?

Thanks


Thu Jun 11, 2015 5:27 am
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Joined: Fri Dec 21, 2012 4:18 pm
Posts: 196
I think they stopped issuing red corner notices for 498a cases. If you find one in your name, take help from a US attornmey and write to Interpol head quarters to remove your name. And please start a new thread.

_________________
PS: I think one should take all suggestions (including mine) with a grain of salt. What worked for one may not for another


Thu Jun 11, 2015 10:57 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 603
To have LOC removed, u wrote--PS--CP of your area > DCP of Security Control.....and make sure you get your request for LOC removal received from each place.

Where is the DCP of security control located? To whom should each of the PS, DCP of area and DCP of security control write for LIC removal. Can u please elaborate?


Fri Jun 12, 2015 1:51 pm
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