Can I travel in India, if NBW is reacalled?
Hi, my brother’s wife has filed a 498A case against my brother, who is overseas. Our lawyer said that he has got the NBW recalled in the lower court and has filed a 498A quash petition under Section 482 in the High Court. The lawyer is not attending court and is advising that the current judge may not be favourable. The quash petition has been pending for 12 months. We have paid ₹2.5 lakhs to the lawyer so far. Meanwhile, the other party’s lawyer has responded to the petition, which is still pending, and has approached our lawyer for settlement and mutual divorce. My lawyer is not responding properly and is putting the same condition as the other party to pay a lump sum settlement even before withdrawing the 498A case. My brother is unemployed, and the lawyer is not even properly checking the conditions laid down by the other party. He is asking whether my brother can come to India now, as the NBW is recalled. We have already paid ₹2.5 lakhs, and he is still asking for more money. What are the legal fees for recalling an NBW, filing a quash petition, and mutual consent divorce? Can my brother travel to India? The lawyer is advising that he cannot find any LOC.
First, take a second opinion from another lawyer as your current lawyer is not responding properly. If NBW is recalled and no LOC exists, your brother can usually travel to India, but confirm through court records. Do not pay any more money without clarity. Settlement and mutual divorce should only be done after proper terms are agreed in writing. For further legal assistance contact us on our helpline number.
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