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Maya   26 September 2023

Suspecting implication of 498a on canadian nri

Me and my wife with 2 kids are Canadian citizens. Our marriage happened in India.
My wife and myself are not in best of the terms. She once attacked my parents and harmed them in canada and was taken in custody. SHe was let off with a 2 yr old bond and she promised to be nice. 
Now we plan to go to India together with kids but I worry that she may try to settle scores by implicating false 498a on me and my parents. Is there anything I should do in advance to avoid this?
Also anything to avoid her abducting the kids and refusing to return to Canada?



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     27 September 2023

If you apprehend such dangers, then better you don't travel to India with her because once she abducts the children, you will not be able to retrieve them.

If she files false criminal cases then there  is a danger of you being detained in India till disposal of the criminal cases in India. 

Giving one or the other fake excuses, you send her alone and retain the children with you in Canada itself especially if it is not very important or urgent to visit India.

 

1 Like

P. Venu (Advocate)     27 September 2023

How long you have been in Canada. Being Canadian citizens, no action could be initiated in India based on incidents beyond the country's teritorial jurisdiction.

Dr. J C Vashista (Advocate )     28 September 2023

Laws (in Idia as well as Canada) cannot be invoked on the basis of apprehension.

You will have to report if any crime is committed or defend for any case filed.

It is better to consult a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding, if any, which do not exist at present. 

Maya   30 September 2023

We have been in Canada since 2015 and canadian citizens since 2019. She never visited my parental home since 10 yrs . We have visited India only on vacation and lived in our parents place separated

 

Originally posted by : P. Venu

How long you have been in Canada. Being Canadian citizens, no action could be initiated in India based on incidents beyond the country's teritorial jurisdiction.

 

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     01 October 2023

Conquer over your fear. Even if FIR is registered under 498A IPC there will not be immediate arrest and menawhile apply for anticipatory bail.

AB is ganted in majority of 498A cases. Even Courts also apprised of volumes of false 498A cases

 

For more detailed advice contact Adv Vishal Garg @ 9717985984

Maya   08 October 2023

Thank you for your response. Over the years I have recorded my spouse attrocities videos wherein she has attacked my old parents and even small kids and have beaten them. However, all these videos were shot in Canada. Do they hold good in my defense of 498a, (which is definitely not true)


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