Mr. Rebates

Monday, December 27, 2010

Any NRI won 498a/DV cases staying outside India?

Thanks to 498adynamite

Below are the steps.

Have these documents read by your lawyer before you go to India


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.


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.


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.


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.


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