498a, b dowry case
manin
(Querist) 20 March 2015
This query is : Resolved
Hello Everyone.
I married to US citizen girl in Dec 2011 and after staying few days In India, we came back to US. I was on work permit at time of my marriage. Marriage was registered in India, and I used the certificate to file for US green card. But due to incompatible match the issues began to start, and my wife got me arrested in USA on false charges. But I was released from jail with Police certificate citing "not enough grounds to convict". I was so threatened that I started staying apart and my ex-wife left for staying with her parents. After continuation separation of 1 year I filed divorce and was granted, and due legal process was followed. As part of the divorce agreement, I agreed to pay child support, and spouse support was rejected by Court on the ground that marriage was short lived (1 month). Im still Indian citizen and my ex-wife has come to India and filed complained against my parents, sister and me for cruelty, dowry, domestic violence, etc. But truth is that she only stayed for 3-4 days with my parents in India and then we together left for US. I request help from expert panel on following questions:
1. can a US citizen file 498a,b, domestic violence caes etc. 7 or 8 months after the final divorce decree issued in US?
2. Is US divorce filed on the ground of 1 year continuous separation acceptable in India?
3. Can my ex-wife give power of attorney to her relative to file and fight cases on her behalf?
4. Whats are options for me to get out of it unscathed as no dowry was involved and have proof of marriage pictures and videos that nothing was given to us?
5. they have filed 498 case and inquiry has been done which is in my favor, what can my ex-wife do now in order to harass me further?
6. they have asked for 1.5 Cr as marriage expenses and this is all bull shit, how can this be quashed?
In brief, she is doing all these things because she doesn't have enough options to harass me in US, she is taking advantage of India laws, biased towards men, to black mail me and my family in India.
Please provide list of top lawyers in Punjab and Haryana High court, in essence if she moves to High Court I've option to hire attorney.
Thanks a lot.
M/s. Y-not legal services
(Expert) 20 March 2015
Since your query is too large, you can consult an advocate as in person.
You can contact our expert mr.makkad. he can guide you..
Advocate Kappil Cchandna
(Expert) 21 March 2015
Sir,
She can file 498A depending upon the allegations made and all( which could be false as well) but that is the matter of trail to prove that these were false ....
Yes foreign decrees are valid and acceptable in indian courts......
Let the investigation be done and see what comes out .....
If you are confident that you have a strong case, better go for quashing of the FIR .....
Regards
Kapil Chandna Adv 9899011450
manin
(Querist) 21 March 2015
Thanks Mr. Kapil
I have one more question: can i get married in India since I'm legally divorced in US?
Thanks,
Regards
Dr J C Vashista
(Expert) 21 March 2015
1. Too long a story and not query. Be precise. This portal is to help needy litigants, free of cost, as a social service.
2. Contact, engage and consult a local lawyer for further advise and proceeding.
3. No one can stop her filing FIR u/s 498A IPC. Based on decree of divorce it can be quashed.
Devajyoti Barman
(Expert) 21 March 2015
1. Ni unless she challenges the US decree in court.
2. No
3.POA holder can file case but not proceed with whole trial like giving evidence etc.
4. Those would help to get bail and virtual acquittal in the case.
5.She may file new false cases.
6. Quashing is hardly allowed. However without seeing the merit of the case I can not make comment on quashing case.
Rajendra K Goyal
(Expert) 21 March 2015
Agree with the advise of expert Devajyoti Barman ji.
ajay sethi
(Expert) 21 March 2015
once divorce decree is granted no DV / 498A case can be filed by your ex wife .
for lawyers in punjab and haryana search LCI data base
Sudhir Kumar, Advocate
(Expert) 21 March 2015
1. can a US citizen file 498a,b, domestic violence caes etc. 7 or 8 months after the final divorce decree issued in US?
Ans : You are confused. You intend to challnage her right to file case because (i) she is us national (ii) the divorce has takenplace.
(i) She is not debarred from filing criminal case in India simply because of foreign nationality.
(ii) Highly subjective and can e replied by only that lawyer who has seen all related papers.
Prima-facie criminal liability does not come to end by end of relationship. There is nothing in statute that case for 498a can be filed only during continuation of marriage.
2. Is US divorce filed on the ground of 1 year continuous separation acceptable in India?
Ans : Not relevant from criminal case.
3. Can my ex-wife give power of attorney to her relative to file and fight cases on her behalf?
Ans : For criminal case her presence is needed opnly when her evidence is required. It is Govt lawyer who will contest the case and she has a right to appoint her own lawyer as well.
4. Whats are options for me to get out of it unscathed as no dowry was involved and have proof of marriage pictures and videos that nothing was given to us?
Ans : circumstances as narrated by you (unless some material facts are hidden) do indicate the possibility that the charges against you are filed out of frustration.
A lawyer who has seen all papers can advise you well on the possibility for moving of quashing of charges.
5. they have filed 498 case and inquiry has been done which is in my favor, what can my ex-wife do now in order to harass me further?
Ans : if police file closure report then she has a right to oppose the same.
6. they have asked for 1.5 Cr as marriage expenses and this is all bull shit, how can this be quashed?
Ans : where have they asked.how hae they asked. Your query is vague.
SAINATH DEVALLA
(Expert) 21 March 2015
Such a long query and U conclude that can I get married in India basing on the divorce decree granted in US.Let all these things settle down and go for remarriage.Well advised by all the above experts.
manin
(Querist) 22 March 2015
Thanks every one!!! I appreciate it..
However some respected attorneys have mentioned that US Divorce Decree not valid in India. But have found an article where Bombay High Court has concluded:Divorce given by foreign court is conclusive under Indian law;
Link-->
http://zeenews.india.com/news/maharashtra/divorce-given-by-foreign-court-is-conclusive-under-indian-law-bombay-hc_808418.html
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
@Author: To your queries:
1) Legally not tenable but anything can happen with the corrupt system and police around who as a gratitude for the graft received may indulge in initial tortures like arrest, remand etc, but can be dismissed during trial as the situation under which such case registered by police will be evidently without roper investigation.
2)She being a US Citizen and has accepted the decree without going for an appeal, it is deemed to be a proper divorce and she cannot challenge the same here in India after that.
3)She is reported to have lodged a police complaint, if the police based on the complaint have registered FIR, then the state will prosecute the case, therefore she need not give a POA to anyone to conduct the case. Also her power agent cannot depose evidence on her behalf as a witness, only she has to come down in person and be present physically before the court if she has to follow up her case.
4)In the event of an FIR registered, all the accused should obtain anticipatory bail first and challenge all her allegations during trial.
5)What is in your favor?, if she wants to torture you further, she can come out with more number of cases against you, but she has to spend her time, money and energy here in India losing everything there at US being a US citizen.
6)Quashing is different from her demand for huge amount. Quashing will go for the cases filed by her. Demand of huge money is another subject which you can deal it by refusing to spare even a single pie.
Dont ever think that Indian laws will favor her false and tall claims, the same can be challenged properly for that you have to engage a prudent and skilled advocate, you can search for one from the LCI data base too. The question is not top or bottom lawyers, it is their efficiency and experience.
manin
(Querist) 22 March 2015
@ T. Kalaiselvan, Advocate : Thank you so much sir. This make sense.
Regards
malipeddi jaggarao
(Expert) 24 March 2015
All experts have given sufficient inputs and expert Sri Kalaiselvan has clarified all the doubts of the author. Engage a competent advocate. The author has positive points in his favour. The problem is only temporary.
