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Any NRI won 498a/DV cases staying outside India?
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498adynamite
Joined: Wed Jul 21, 2010 7:33 am Posts: 6
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 Any NRI won 498a/DV cases staying outside India?
Hi Friends,
I would like to know, if any NRI won 498a/DV Act against him by staying outside India?
Mostly,I saw many people struck in NBW and fear of arrest they will not go to India;trying to get stay or go for Quash in HC with no movement further except sending RTI's
Thanks, Sunny
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| Thu Jul 22, 2010 12:47 pm |
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prassoon
Joined: Sun Dec 07, 2008 12:26 pm Posts: 262 Location: OH
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 Re: Any NRI won 498a/DV cases staying outside India?
No seniors are all doing poojas abroad hoping that someday a great god will come down from the sky and save them.
_________________ blog: http://prassoon.wordpress.com YouTube Channel (New Release - Wake up Call for MEN)
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| Thu Jul 22, 2010 1:59 pm |
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498adynamite
Joined: Wed Jul 21, 2010 7:33 am Posts: 6
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 Re: Any NRI won 498a/DV cases staying outside India?
Hi Prasson,
I am a member of this forum since 2008. I just changed my ID.
My intention is to win a battle we have to be in battleground.
I had removed all my NBW's and warrants on my name.
I went to India, got bail,surrendered my passport and took it back from court and came to USA.
Now, I can go to India without fear and I have chance to present myself in court and also see my beloved kid in visitation.
if we remove NBW, it means we have won 50% of case. The rest is how quickly you can gather proof and close it. I am not against RTI's, In fact, I am also sending RTI's and letters to Govt Office's in India that's a parallels channel
we should make 498a as a traffic violation ticket
Thanks, Sunny
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| Fri Jul 23, 2010 10:00 am |
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prassoon
Joined: Sun Dec 07, 2008 12:26 pm Posts: 262 Location: OH
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 Re: Any NRI won 498a/DV cases staying outside India?
Great... nice to hear that. Everyone who are hiding abroad should bring this to their immediate priority list Sunny - can you please update your experience here Bail for NRIs easier than Resident Indians
_________________ blog: http://prassoon.wordpress.com YouTube Channel (New Release - Wake up Call for MEN)
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| Fri Jul 23, 2010 4:22 pm |
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Vrunda
Joined: Mon May 24, 2010 9:56 am Posts: 22
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 Re: Any NRI won 498a/DV cases staying outside India?
It would be great if you paste the applications you moved for the removal of NBW and the process you followed for ensuring easy travel abroad and back to India.
Maybe some of your brothers like us could use the same and proceed to bring ourselves to victory.
Also what stage is your case at this point cause you mentioned that you are helping since 08 which means you have gone through numerous threads and must've used them to help you sail through. now you can throw light and help us from (me from my wicked b***ch) and win the battle.
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| Sat Jul 24, 2010 10:53 am |
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498adynamite
Joined: Wed Jul 21, 2010 7:33 am Posts: 6
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 Re: Any NRI won 498a/DV cases staying outside India?
Below are the steps.
Have these documents read by your lawyer before you go to India
PRE-CONDITION
1.Bail Papers for AB, Transit Bail, regular Bail, Overseas travel permission petition 2.Get all your bail papers to USA and Sign them in advance without date and send to your Lawyer. 3.In any situation, be ready to go to High court if lower court denies any of your bail/passport petitions 4.Have cash around 500k INR. 5.Letters from your employer about your vacation and return date.
STEPS TO FOLLOW
1.Be brave and think whatever happens I will come back. 2.We are not going to Pakistan or Afghanistan,we are going to our home land. 3.Do not inform anybody in India that you are planning to Visit India, except Lawyer and important 1-2 persons 4.If your destination is Mumbai\Delhi\Calcutta\Hyderabad\Chennai|Bangalore, take ticket to Different State and city. The reason,is if different state police arrest you, it takes time for them to take you to your home state. The cops must inform your home state cops who have case against you and they have to travel to your place and then take you to home state with them.So,you can apply for bail immediately once you land in India. 5.Apply AB and regular Bail immediately once you land in India. It should be one cell phone call to your lawyer 6.If you get arrested, do not panic, apply for Transit Bail 7.Do not go to your home town, stay underground and apply for regular bail by your lawyer 8.Once you get regular bail then,go to Home town and 9.Apply for permission to travel to Abroad along with passport since you are working in Overseas and its your bread and butter issue. a) Get 2-3 letters from your employer and client stating that, if you do not join them back after your vacation, you will lose your job (have these letter ready before you go to India) 10.Take written letter from judge which says, you have permission to travel anywhere in the world. This letter acts as counter, if cops try to stop you based on your case in airport. generally, the Judge will grant you permission to travel with bond ranging from 50k-500k INR.
POST-CONDITION
1.Once you receive your passport and letter from judge, fly within 24 hours, because your opposition may go to High court or supreme court for appeal to cancel your travel permission. 2. Again,try to board international flight from a different state. 3. When you come back to Overseas,come in early hours of the day between 3-5 AM,so that the immigration officer will not question much as he will be in a hurry to clear the queue.This helps you if do not have a job.
BOTTOM LINE
To be frank.If you hire a local lawyer in your hometown who knows everyone in court premises, your work will be done in 4-6 weeks.
First week bail Second week passport petition Third/Fourth week counter by opposition party for on your bail petition and judgment on your passport.
Do not use any of your personal cell phone or land lines which are on your family surnames or friends name. Always prefer to meet in person and do not disclose/discuss any important issues on phone.
BEST OF LUCK
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| Tue Jul 27, 2010 3:51 pm |
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Vrunda
Joined: Mon May 24, 2010 9:56 am Posts: 22
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 Re: Any NRI won 498a/DV cases staying outside India?
Hi,
please read the following order i'm giving the details briefly-- "The matter was kept for cross examination. the respondent has not appeared before the court even once and can challange his identity. Though he has provided VP thorugh his advocate and mentioned that he will come at the time of evidence he has not appeared before the court and hence is hereby strenly ordered to appear on next date fixed for recording evidence. "
The next date is 19th August and this is case of DV where i have not appeared even once since i was abroad. I have represented thru my lawyer all this while. What could be the possible steps now as the judge seems to be enraged and has asked me to appear before the court on high priority. I have been avoiding this on account of case she filed against me under 498A where in again i have not yet appeared.
Please let me know as my lawyer states she will file an appeal? Is that good enough to stall this case?
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| Wed Aug 04, 2010 11:52 am |
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