498a Foreign Citizens

Guest (Querist) 02 August 2013 This query is : Resolved
We both Foregin nationals gotarried in India in in Oct 08 came on india. visa stayed for 6days left. Never came back to India as husband & wife.
Wife lodge a false case 498a in March 2010 and we got Divorced in US in March 2011 wife still lives here in US and working fullime.
In Dec 2011 bribed police lodges a FIR against all of us... Parents got bail and In Dec 2012 we filed quash application in High court in hearing case still going .. Than in May 2013 police filed chargeaheet despite giving them all evidences to show its & all false as my parents stayed with girl after marriage 6 days we. We Don't reside in India its been 12 years since we left country... All hold OCI been indian visa... Now in June girl through her mother POA lodged 125 & Dv against me ... Please advise how can we stop this nonesense .
Thanks

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Guest (Querist) 02 August 2013
To add to this have already got married its been 2 years no objection in US ever filed by wife.. Indian petition she keeps on mentioning to be my legally wedded wife .. Because we got married through HMA and also keeps on saying she indian citizen when india doesn't allow DUAL CITIZENSHIP

Nadeem Qureshi (Expert) 02 August 2013
contact a lawyer personally

Sudhir Kumar, Advocate (Expert) 02 August 2013
in criminal matters citizenship is irrelevant. You have been married in Indian soil and there is allegation of dowry demand and onus of proof is on you. Either you afford to be desperado for the entire life ( not to be seen in Indian any time in remaining life) or you face the Indian law.

Mr Qureshi has already advised you well.

Guest (Querist) 02 August 2013
She has raised issue after after 1.5 years for the 6 days we stayed in india .. Tells u intention of the party
How does a case of Dv & Maintainable for ppl who nt domiciled in India and fore gin nationals ..

Devajyoti Barman (Expert) 02 August 2013
The DV and 125 case shall lie in India but the 498A shall not lie.
Pursue your quashing case diligently and conduct it through a good advocate.

prabhakar singh (Expert) 02 August 2013
In view of facts stated by you it appears to be abuse of law and process of courts which courts do discourage,hence get an efficient lawyer who can demonstrate victoriously this all to the court.

Raj Kumar Makkad (Expert) 02 August 2013
You need to file a petition undr section 492 before high court seeking quashing of FIR. The right to maintenance and DV Act case can be lodged.

Guest (Querist) 02 August 2013
We have lodged quash in high court in Dec 12 so since than police lodged charge-sheet .. So lets see
DV lodged after 2 yrs of Divorce when there hasn't been any domestic relationship with the girl..
Maintenance lodged through MIL as POA when girls lives and works full-time in IT due to privacy cannot any pay slips ... Only have screenshot of her linkdein account.

V R SHROFF (Expert) 02 August 2013
Proper defence should suffice.
Absence of complainat for consecutive 3 dates entitles you to apply dismissal for default , for want of prosecution.

Guest (Querist) 02 August 2013
Her mother as POA is staying in India and representing her.. Can she do that ?? She also is US national

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