498a Victim 24 January 2019

Us citizen, victim of fake 498a,dv+ cases

Hello everyone,

I am here with great hopes to have some guidance from experts on this forum. I US citizen, marrried to indian citizen girl, hindu marriage, jan 2016. she married with me with intention of fraud getting money from me and free green card. when i came to know about her intentions, i withdrew her spousal immigration application. then she files fake cases on my entire family( all US citizens) and extended family in india ( all indina citizens) for dowry 498a,DV, ishtreeedhan. now NBW is issued on all my US family members.

1 - Is there anyway we can cooperate in court matter without going to india? please give brief details. case is in Gujarat.

2. if yes, can we fight case till end wihout going to india ?

3. Girl is advertising as she is unmarried on various matrimonial sites and trying to cheat another nri. Can I take any legal action being in US?

4. Can my uncle who is in india and is also roped in to false cases , take any action on girl for making false matrimonial advertisement. Uncle is copertaitng with investigation and attending court.

5. any additional course of action which i can take or my uncle can take.

6. i have heard that they are trying to get my family extradited from US and red corner notice.

Thanks in advance for your help..

Regards,

A victim in need of your help

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4 Replies

Vijay Raj Mahajan (Advocate) 25 January 2019

I have doubts if this is your first post, I had replied a similar post few months back here and even spoke to father of the husband who called me from USA. Firstly there is no chance of getting red corner notice for this fake criminal complaint of wife as that process is done for serious criminal charges not for matrimonial dispute between husband and wife where maximum punishment is 3 years imprisionment. Secondly you all are citizens of USA, domiciled in USA, neither Hindu Marriage Act,1955 applies to you and as you never stayed in India for any offence, taking place under the Indian Penal Code here in India the applicability of the Indian Penal Code and Criminal Penal Code against you all US citizens should be also be challenged. As far your uncle in Gujarat, India who had put you in all this trouble in India if finds himself in trouble than that's his headache, after all he took all risks at his end as he showed his smartness to you guys sitting in USA.

1 Like

SOLOMON.RAJ (advocate/director) 25 January 2019

dear victim

At the first instance you shld hve all taken an anticipatory bail.After the said crime under section 498 A ws regd u should hve taken.

My advice is that you need to hire a lawyer n go ahead in taking a AB which included all the accused mentioned in the FIR.Which does not exclude your uncle who is aindian citizen.

This is the prwlimnary which you can get from the court with out even coming to India.

In regards to your second query your uncle in India can file a private complaint against this lady under section 420 of the IPC.

Focus on the above two aspects immdly.

Solomon Raj
Advocate High Courts of AP & TS
Bharat Gaurav Samman Awardee
Ph:9866545086
Email:rajcarey@yahoo.com
justiceleague367@yahoo.com

SOLOMON.RAJ (advocate/director) 25 January 2019

Solomon Raj
Advocate High Courts of AP & TS
Bharat Gaurav Samman Awardee
Ph:9866545086
Email:rajcarey@yahoo.com
justiceleague367@ya

498a Victim 25 January 2019

Thanks experts for your replies. I never talked to anyone Mr.Mahajan but most of the time NRI ends up in similar situations and have samilat stories. Is there anyway I can fight fakecases without going to India- I mean hiring lawyer and he represents us. I have heard horror stories about NRI and local Indian ending up in mess with their passport being taken away.