1. Since, you have already filed the petition in HC for quashing the LOC and FIR , then the trail court may not consider your application without the direction of the HC 

- Hence, you can move an application for urgent hearing before the HC for the same 

- Yes, you can move application before the trial court for getting permission to travel 

2. Maximum one week 

3. You will get permission to travel even other party opposing the same. 

4. Depends upon the Court 

You should apply to trial court for permission to go abroad 

2) local lawyer would guide you as to time taken for obtaining permission 

3) it is necessary to peruse allegations made in FIR to advice 

Dear client,

1. Generally speaking, you could want authorization from the trial court in order to go overseas while you are being prosecuted for a crime. It is best to return to the trial court and request permission to travel.
2. Permission to travel may not always be granted by the trial court in a timely manner. It relies on a number of things, such as the volume of cases and the workings of the court. 
3. You might look into alternate conflict resolution procedures like mediation or arbitration if the opposing party isn't open to negotiating.
4. The particulars of your case and the court's discretion may determine the amount of bail that is necessary, if any. 

Hope this helps you.

1. You will not be permitted to return to your country during the pendency of criminal case against you.

2. , the trial court cannot grant permission to leave the country.

3. The case to be challenged or follow up the quash petition

4. You can enquire it locally

The reason you may be refused permission is that you may abscond and not appear in court during trial 

2) if you are refused permission approach HC for necessary reliefs 

Once arrest is executed  on LOC, it is exhausted. There no LOC pending against you as you have obtained bail.

There are guidelines issued by SC in respect  to travel permission for accused residing abroad in Rajesh Sharma’s case. Your Advocate can cite the  same and obtain travel permission.

1. On the basis of prevailing law. 

Law will not consider sentiments or emotions. 

2. You can present your arguments with the support of the documents in your possession 

3. This is an advantage 

1. As per the Supreme Court , the fundamental right of personal liberty to travel abroad cannot be denied to a person only because he is arrayed as an accused in a 498A complaint.

- Hence, as the LOC is already cancelled then the court cannot refuse to permit you to travel abroad 

2. No , cannot refuse 

Dear client,

1. Trial courts have the authority to deny permission to travel if they have concerns about the case or possible flight hazards.
2. It helps to have supporting documentation, such as a divorce decree. The court will take your case's particulars into account.
3. The court's ruling might be impacted if your ex-wife also resides abroad, but every case is different and results can differ.

Hope this helps you.

You cannot do forum shopping 

if writ is pending in HC no need to approach trial court for permission 

Trial court procedures are different to that of high court. 

You can withdraw the request either from trial court or high court petition. 

You may discuss with your advocate who will be the better person to opine based on the prevailing circumstances. 

- No , It is not mandatory to withdraw the Writ Petition , if the said petition is for quashing of FIR 

Dear client,

Yes it is mandatory and adviseable to take the permission from the High court.

Hope this helps you.

1. Your approach in filing quashing petition in High court is not correct step as court do not interfere in the case at investigation stage. 

a. Yes. 

b.  It will take 2-3 hearing. 

c. Take help of common friends and approach strategically. 

d. It depends upon discretion of court. 

2. 

a. If there is chance of your absconding then court can refuse. You should also seek exemption. 

b. Yes, go strategically.  

c. Then insist for her presence in the case, in negotiation etc. You should ensure her presence in India. 

3. 

In such cases WRIT petition is not maintainable. 

You will have to withdraw application in HC then file in trial court 

You can proceed with the procedure whichever is convenient to you.

The court procedures are tedious and have to be followed properly.

one cannot bend the procedures/rules to his urgency. 

\

- Since, the said application is pending before the HC , then the trial court will not consider the same 

- Further, if you withdraw the said application from the HC , and files the same before the trial court , then upon rejection this application you will have to approach the HC once against . 

- Hence, you can move an application for urgent hearing before the HC for considering the said application as urgent. 

Dear client,

Because of the connection to Section 498A, the High Court regularly grants travel authorization applications the lowest priority, therefore it could be wise to plan your strategy. Instead of pulling the application from the High Court, think about taking a two-pronged strategy. Simultaneously, you can seek for travel permission in the Trial Court while maintaining the application in the High Court. With this strategy, you can investigate other options without endangering your current legal actions.

Hope this helps you.

In criminal cases personal presence is necessary 

2) POA holder cannot represent complainant for giving evidence in criminal trials .POA holder would not have personal knowledge of the allegations made in complaint 

3) there is no harm in returning wife belongings in your possession 

Until and  unless there is a specific order by high court or trial court, to remove the LOC issued against you, it may remain on the records, you may have to produce the order copy before the airport immigration authorities to avoid being held back. 

1. Your wife is a defacto complainant, hence her appearance before trial court is not necessary on each and every hearing, she may just appear before court for letting in her evidence during trial proceedings. 

2. see the above answer.

3. Don't be misguided, you may wait for the orders to be passed by court after which you can return the articles by providing a list to the court. 

Dear client,

1. Yes, a person accused of a crime may designate a representative to attend court hearings on their behalf under Section 205 of the Code of Criminal Procedure.
2. Even though the complainant need not be present for every court hearing, their absence could have an impact on the case.
3. Offering to willingly return possessions could help your case. However, in order to ensure compliance with Section 406 of the Indian Penal Code, it is imperative that you speak with your legal counsel prior to making any such statements. Throughout the legal process, your cooperation and sincerity may be taken into account.

Hope this helps you.

You can apply for it’s cancellation if it’s issued by trail court on grounds 

1. Yes, a complainant can substitute a member of her family to approach the court on her behalf. 

2. NO , except only at the time of evidence 

3. Yes,

It depends upon wording of consent terms 

the final payment has to be made after quashing of FIR 

mutual consent divorce decree is passed after you comply with consent terms 

If the mutual consent divorce is also among one of the conditions agreed for making the negotiated settlement amount, then you can chalk out the program for mode and phase wise payments accordingly.

It is the matter of agreed terms.

- You can move an application for waiving this 6 months period , and may get mutual divorce within a period of one month maximum. 

- Further, if the matter is compromised , then the FIR will be quashed by the High Court 

- However, the presence of other party is required before the HC for giving statement that the matter has been compromised and she has received the full payment. 

Yes it will quash the same 

It is duty of authorities to find your missing passport 

ask your lawyer to follow with the authorities so that your passport can be traced before next date 

If it’s missing you can apply a fresh passport 

You submit an application seeking to return the passport and represent before the job on the following day if your application is entertained. 

The court is responsible to search for it and arrange to return it. 

- You can move an application before the court for releasing the passport , and if missing then the court should pass a direction /order for the issuance of passport. 

Dear Client,

You can ask the authorities for detailed information about the status and location of your passport. Obtain a written explanation for why it is considered missing, and request a timeline for its recovery.

Thank you for the information you have provided here in this regard.

You are absolutely right that the practical situation is totally different to that of what is on the books.

Many people will be advising you to do that or this whereas practically to enforce the ideas, it will be merely  impossible.

The LOC will be in effect for ‘one year from the date of issuance’, after which the subject’s name will be automatically deleted unless the relevant agency requests that it be renewed within that year. All LOCs with a validity of more than one year will be presumed to have expired, unless the requesting agency specifically request the continuation of the names in the LOC.

If trial court has issued it then it can be revoked by trial court otherwise you need to file writ petition in HC for cancellation of LOC

Dear Client, 

Hope our previous answers were helpful. Incase of any further assistance, feel free to contact us.

1. LOC can be cancelled by agency/court which has issued it , and the LOC issued by the Court cannot cancelled automatically. 

- Further, it is wrong to suggest that the person against whom LOC has been issued can travel through Nepal 

2.  As per the Supreme Court , the fundamental right of personal liberty to travel abroad cannot be denied to a person only because he is arrayed as an accused in a 498A complaint.

- Further, it will not take much time to cancel the LOC and it can possible in a single date of hearing. 

3. Yes, 

4. Yes,