IF LOC IS ISSUED AND ARREST IS STAYED BY HIGH COURT IN 498A MATTER
2 years ago
My NRI husband with his mother (US passport holders) were residing in India from past many years has deserted me more than two years now and left to USA without informing me in Dec 2019 and took away everything. We were married in 2018. After reaching USA he told me that he cant live with me anymore. After that, I filed an FIR under 498/A & 406. Thereafter, he moved to High Court against 498/A. In FIR, Look Out Circular was also issued against my husband by police in March 2021 and LOC against her mother was in progress. His counsel got the matter listed behind our back in High Court and got ex-parte order for prevention of arrest stating that petitioners wants to settle the disputes amicably and for the same they desire to visit the country. In realty, they have no intention to settle. They just got the order to use it as a tool to visit India to fulfill their other duties. What are my options to get him not leave the country (impounding of passport etc.) once he comes back and join the investigation and other proceedings.
It is quite surprising then the lawyer was able to get the Hon'ble High Court's ex parte order. Did you receive the summon for the High Court case? if not then you can challenge that exparte order. It is quite possible to block their travel from India but then you have to get the court orders for the same.