Filing green card while 498 a is going on
youngbro
(Querist) 07 June 2014
This query is : Resolved
Respected senior members,
I am US citizen and as parents are getting old, and there is no one to take care of them in India, I want to sponsor Green card for them, but my brother 's wife trapped in 498a case and Domestic Violence, which are false cases, unfortunately she is creating abala Naari image in front of judge and torturing them, she works in IT firm as QA, and parents never stayed with them in Bangalore but she pulled them in, and when my brother questioned, why she did confess that, she is saying that to make her case strong.
Is it advisable to file Green card for them? My dad even got a award from Govt of India, for excellence in service.
The girl is ready to compromise for huge amount of money 10 lakhs, but she and her lawyer are not willing to come to Mediation center though there was absolutely no dowry.
I'm feeling really bad that after struggling for all these years to settle their children, this girl is trapping them in false case. They attended few hearings for 498 a case, My question, what happens if they stop going to court and come to stay with me, I heard they can disown my brother, we have also applied for quash in High court. Can you please advise if it is a good idea for my parents to permanently shift to US.
Dr J C Vashista
(Expert) 07 June 2014
Since your parents are staying away it is not understood how your brother's wife has filed case against them (parents) especially u/s 498A IPC as well as under the provisions of Protection of Women From Domestic Voilence Act,2005? It is not maintainable, move to High Court for quashing of the FIR/Case.
Devajyoti Barman
(Expert) 07 June 2014
1. As long as case is running the accused persons therein will have to attend the court proceeding. Absence on one or two dates does not make any difference.
2. If they go to you and stop visiting the court altogether then first warrant , then red corner notice will be issued. They even amenable to extradition.
3. However if in the meantime the case gets compromised and it is quashed by high court then they continue to remain with you.
4. Negotiate the amount and the settle the dispute which is for good for all of you.
youngbro
(Querist) 07 June 2014
Thanks for quick reply. I read in this forum that they no longer issue red corner for 498 a cases, is it true?
ajay sethi
(Expert) 07 June 2014
best solution is to compromise . even if you have to pay Rs 10 lakhs agree to make payment if all cases are with drawn and divorce by mutual consent is granted . payment of Rs 10 lakhs to be made only on divorce decree being passed
Sudhir Kumar, Advocate
(Expert) 07 June 2014
merely being accused is not sufficient for red corner notice. one has to work hard for it.
Raj Kumar Makkad
(Expert) 08 June 2014
I do agree with the experts that there is no ground to deny your right to get the renewal of the card at this stage.
Biswanath Roy
(Expert) 09 June 2014
Law makers are all law experts either Advocates or Barristers or Solicitors so such professionals know its flaws.
To come out from unnecessary harassment arising out from the litigation I ADVICE YOU to resort to mutual Divorce by paying Rs.10,00,000/-with the condition that your brother's wife shall pray before the High Court to compound the case u/s.498A IPC.
Let your parents to reside with you at US by virtue of GREEN CARD
Raj Kumar Makkad
(Expert) 09 June 2014
The practical suggestion provided by Ld. Biswanath sir is remarkable and it can easily be adopted for the betterment of both the litigating parties.
Dr J C Vashista
(Expert) 10 June 2014
I agree with Mr. Roy sir, nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 10 June 2014
I too agree with learned senior Biswanath Roy Sir. It is better to arrange for settlement as demanded by her and get rid of her so that your parents can sigh a relief at US with you.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
If you are interested in lesser miseries the solution has been offered by Mr Roy which I also agree. If the trial goes then you will be spending much more than 10 lakh.
If your parents have to escape to US they have to be there with never to return. They will eventually be declared proclaimed offender.
They have to be present at 10.00 a.m. in court on every date and remain inside court room (does not matter when the case is called) single absence can result in cancellation of bail.
Further the trial may not proceed. proceed until all accused are apprehended /present. SO your brother will drag along.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
It will hurt you the truth what I am saying.
When you are doing so much for your brother (who as per facts reported in another thread cannot give complaint to police when beaten and looted)be prepared to be insulted by him as and when he comes out of misery.
Sudhir Kumar, Advocate
(Expert) 15 October 2014
Connected threads
http://www.lawyersclubindia.com/experts/Mediation-failed-493186.asp#.VD3Uu1eO5G0
http://www.lawyersclubindia.com/experts/Judge-issued-warrant-to-the-wife-500841.asp
http://www.lawyersclubindia.com/experts/filing-Green-Card-while-498-a-is-going-on-476586.asp
http://www.lawyersclubindia.com/experts/498-a-false-case-wife-name-in-blogs-484601.asp
http://www.lawyersclubindia.com/experts/extortion-of-money-by-girl-s-family-493691.asp#.VD3QaleO5G0
