(Guest)

498a quash trouble

hi experts

I am NRI married to a girl in india who falsely registered 498a and 406 against me and my parents. After marriage when I left her in india till visa grant she ran to her parents house and on our back registered false 498a and 406. She lives in a different state in india.

the case was registered when me and my parents were abroad and was registered in different state in india so we were not aware of that. Girl succeeded in getting our "Proclamation status" even though compromise talks were in progress.

Now our dispute is compromised and she signed agreement that she will quash 498a and 406 and PO.

we have already got mutual divorce from indian court through video conference and my SPA and she received all the payment as per compromise. She has also signed an affidavit for high court to quash my F.I.R. and PO.

we filed a case in high court for quash but judge said as we are PO they need my presence.

I mean I have got divorce and paid girl in full. I don't want to come to india as I hardly got a job here and have no leaves and fear to loose it upon coming to india.

How should I represent this matter in front of judge. Can I get exemption from appearance and my parents.

please do reply. I am in fear and in tension due to all this stuff and unable to concentrate.

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6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 25 May 2016

Repeated query

Sudhir Kumar, Advocate (Advocate) 25 May 2016

"But the judge is asking for my presence in court to start quash."

this quashing is a concession not a right a deviation. So you should not annoy the judge. He has the powers to ignor ethe comprimise and not allow closur eof case still you hav eto come in India and bail will be difficult being a PO.

(Guest)

CrPC Sec 82 (4) lists offences under which Magistrate can declare someone PO after issuing proclamation. 498A and 406 are not in this list of offences which are considered heinous. Are you sure that FIR did not contain other offenses? If your FIR only had 498a/406/34 your lawyer can argue that PO declaration by Magistrate was not as per law. Since compromise is done, there is no chance of facing a conviction in this case. You have strong rights under constitution to pursue your life and work abroad. Judge insisting you to possibly face arrest at this stage simply because your wife made some allegations while she has sworn on affidavit that she is not interested in pursuing. This goes against all the natural principles of justice. Pursue matter in Supreme Court if HC judge is stubborn on this point. Such judges make Indian judiciary infamous for being corrupt and ineffective. Perhaps SC will clarify the matter not just for you but for all others in similar shoes. Pursue life abroad and avoid returning to India unless the judiciary cleans up its act and actually starts to protect constitutional right of its citizens.

(Guest)

Goes without saying, don't make mistake of marrying an Indian girl again. All Indian boys have to start boycotting marriage with Indian girls en masse. This menace of egoistic girls, vindictive parents, bullsh*t laws and judges can be corrected only with large scale awareness and action. If girl cannot prove her allegations, send her to jail. If courts cannot do that then stop harassing families purely on bald allegations.

(Guest)

I decided not to marry anyone in future. This case brought disaster in my family both financially and emotionally. I think living alone is more peaceful than the court cases where I lost everything