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“I was about to board a flight from Dubai to Mumbai… but I was stopped. They told me I was on an LOC. My heart sank. My wife had filed a 498A case in India and without any notice, I was treated like a criminal.”

If you’re an NRI husband or a family member facing false matrimonial charges — especially under Section 498A (cruelty/dowry harassment) — chances are, you’ve heard about the Look Out Circular (LOC) nightmare.

It’s one of the most misused legal tools in matrimonial disputes, often used not for justice, but to control, harass, or force a settlement.

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What Is a Look Out Circular (LOC)?

A Look Out Circular is issued by police authorities to prevent a person from leaving or entering India. It’s meant for absconders or those who are genuinely evading investigation — but in many matrimonial cases, innocent NRIs get targeted, often without any formal intimation.

Why?

Because your wife or her family may claim you’re avoiding investigation or court appearance — even if you’ve never received a single notice.

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Why Is This a Trap for NRIs?

You’re abroad. You’re working. You have limited access to what’s happening in India. Suddenly:

• An FIR is filed.
• The Investigating Officer (IO) writes to the Bureau of Immigration.
• Your name is added to an LOC list — sometimes without following due process.
• You only find out when you’re stopped at an airport.

You may have no idea which airport, which date, which officer took this decision.

This is more than legal harassment — it’s psychological warfare. And sadly, it’s becoming common in 498A, domestic violence, and maintenance disputes, where one side wants to trap the other.

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The Good News — LOC Can Be Quashed

Indian courts have repeatedly held that LOCs cannot be issued mechanically — especially in matrimonial cases.

Here’s a landmark Delhi High Court judgment:

Deepak Aggarwal vs Union of India (2021)

In this case, the petitioner was an NRI facing false 498A allegations. A Look Out Circular was issued against him without prior notice or any evidence of evasion.

The High Court observed:

“An LOC cannot be issued as a matter of course in every matrimonial dispute… LOC is an extreme step meant only when there’s real apprehension that a person will not return or cooperate with the investigation.”

The Court quashed the LOC, citing abuse of power and violation of due process.

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Steps to Cancel an LOC (If You Are an NRI)

1. File a Writ Petition in the High Court

You can file a Writ Petition under Article 226 of the Constitution in the High Court where the FIR is registered.

Your petition must state:

• You were never served a notice under Section 41A CrPC.
• You have never evaded investigation.
• The LOC is a violation of your fundamental right to travel and personal liberty.

2. Show Evidence of Cooperation

Attach:

• Proof of previous court appearances
• Emails or communication with the Investigating Officer
• Return flight tickets if you’ve visited India earlier

3. Request Interim Relief

Ask the High Court to:

• Stay the LOC
• Permit travel for urgent family, medical, or professional reasons

In many cases, courts give conditional relief (such as furnishing security or signing undertakings), especially where no arrest warrant exists.

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Important: Section 41A CrPC Notice Must Be Served

Under the Arnesh Kumar guidelines, arrest is not automatic in matrimonial cases. Police must issue a notice under Section 41A CrPC first.

If you didn’t receive it, and an LOC was issued — this is a strong ground for quashing the circular.

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Final Thoughts: You’re Not a Criminal — Don’t Be Treated Like One

False dowry cases, unfortunately, have become a tool for revenge in some marriages gone wrong. For NRIs, this becomes a double punishment — legal in India, professional stress abroad.

But remember: Indian law protects your right to travel, to be heard, and to fight false cases with dignity.

Don’t accept an LOC silently. Challenge it. Quash it. Move freely.