RAY 19 November 2015

Married in usa, is 498a applicable?

Hi,

My frined was married in USA (5 years back/no kids). He is on a immigration visa and is awaiting his green card status. His wife recently returned to India threatening him for filling false cases against him. I have a few question for the possiblity of filling a false 498a against him.

- Is 498a applicable for a marriage that was held in USA? He is currently in USA, will he be asked to face the charges in India for these false cases?

- She merely (a day or twn) stayed with the in-laws in India. Does it effect his parents as well?

- The case is not currently filled but looking at the threats it seems iminent. What can we do to avoid his or his parents arrest?

Looking forward to your kindly support.

Thanks & Regards,

Ray

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2 Replies

saravanan s (legal advisor) 19 November 2015

she can file 498a but as long as the husband is abroad he need not worry but if she had included her inlaws in the fir then they need to go for anticipatory bail to prevent themselves from getting arrested

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 November 2015

The Supreme Court has said in a recent order that Section 498A has "dubious place of pride amongst the provisions that are used as a weapon rather than a shield by disgruntled wives".

The government is now mulling to make Section 498A compoundable, which means the couple would have provision of reconciliation and settlement, if the court allows.