Legal Question in Criminal Law in India

I am an Indian citizen and working outside India now. Before leaving India, I had one-sided divorce from India. My wife was not responding to court dates, so judge gave me one-sided divorce. After I left India, my wife has filed 498A and some other cases on me and my parents.

I didn't go back to India to fight because I am afraid that I may not be able to come back. Non-bailable warrant has been issued against me. Police told my parents that I will be declared as Proclaimed Offender (PO) in few weeks.

I have few questions:

1) If they declare me PO, can I travel other countries apart from India? Can I travel India?

2) What is meant by passport impound? How does that affect me? Can I travel other countries apart from India after passport is impounded?

3) What�s the worst they can do to me, if I am abroad and never go back to India?

Thanks,


Asked on 12/26/10, 12:32 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there is fun in becoming a court bird and you can very well hire a lawyer while you abroad. you just need to send a power of attorney in favour of your lawyer duly attested by notary public/indian consulate and the lawyer would represent you in the court and file application for cancellation of non bailable warrants and also express your inability to attend the court by seeking permanent exemption from appearance. in case you choose to over look the same, then you maybe declared a PO and a PO can be arrested without warrant by anyone. do not let your passport get impounded for merely a matrimonial offence u/s 498a.

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Answered on 12/27/10, 12:11 am


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