NRI being harrassed without closing the 498A even after Mutual divorce

666 votes

Since the 498A case is still open, your ability to travel abroad depends on the following: Key Considerations: NBW Status – Since your NBW was revoked by the High Court, you are in a better position. But check if there are any new orders restricting travel. Bail Conditions – If you are out on bail, review the bail order to see if court permission is needed for foreign travel. Lookout Circular (LOC) – If an LOC was issued against you, immigration authorities may stop you at the airport. You should check with your lawyer or file an RTI to confirm. 498A Case Status – If the case is at the trial stage, courts may require your presence. However, you can seek exemption from personal appearance under Section 205 CrPC. Legal Steps to Travel Abroad: Apply for Permission – If required, file an application before the trial court seeking permission to travel for employment. Quash 498A in High Court – Since you settled the dispute, you can file a petition under Section 482 CrPC to quash the case. Your ex-wife and her advocate refusing to close it is unfair if they agreed to mutual settlement. Ensure No New NBW or LOC – Get a certified copy of your case records from the court to check if there are fresh restrictions. Execute a Power of Attorney (PoA) – If the case is still active, you can authorize a lawyer to represent you. Would you like assistance in drafting a travel permission application or quashing petition?

Advocate Mrudhula Jahnavi LawRato

608 votes

you are advised to clear the cases at present and later think abroad. If your ex wife does not pressure the police to execute the NBW pending against you, you need not to worry about it. but, the pendency of NBW against you will remain in force and it impacts like a CIBIL score victim. file a petition to recall and cancel the NBW pending against you by showing proper reasons.

Advocate Kadagala Rambabu Naidu LawRato