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chethan (TA)     24 January 2012

498 a from my wife who is in usa ( i am in india)

Hi, My wife left to USA through the company after an year of marraige , its been a year now she being in USA, we are not in touch through anymeans from almost a year. I had applied for Divroce in the month of Aug 2011 and now in the month of Dec 2011 she has filed a false complaint in India from USA ( in her permanent address police station judistriction ) . My wife has sent a signed complaint to her father from USA and her father has filed the 498a case onbehalf of his daughter . I was taken into custody and got a bail in a day and my parents got an anticipatory bail( parents were nto taken into customdy). I have not taken a single penny nor have demanded nor troubled her.Can you please answer following questions

1. Can a 498a case can be filed by her father when she is not here ( me and my wife are not in touch through nay means from 7 months)?

2. My bail has only 3 condition 1. appear for investigation in front of I.O when ever necessary.  2. 25,000 bond and  3. 1 person .    In this situation can itravel abroad for 6 montsh or so from my company as i am working in some company?

 

3. What are the steps i can take to fight against the case?

4, As i had filed for divorce againt her and after that she has filed this case by staying outside India. What are the possibilities i cna get teh case quashed , if yes what could be the best approach( wil be helpful fi suggested with teh required sections according to law)?

5. Are there any cases whichi can file on them for mis-using or for some other reasons, if yes pleas let me know.

 

I will be very thank full for your guidence and answers, Thanks you.



Learning

 6 Replies

Sanjeev (Lawyer)     24 January 2012

the issue that I think in your travl would b the personal appearance that you need to make before the  IO for investigation. in case you are travelling and fail to appear before the IO than that may cause any bail cancellation application being put up. 

with regards to quashing that would not be possible as the cases are not quashed by HC without completion of trial. The cases are generally quashed basis a compromise between thecomplainant and the accused. Quash would just stay the proceedings for sometime 

 

At this point there are no cases that you can file just defend the cases that have been filed against yoou.

This case filed against you seems to be a counterblow against your divorce application does she not want divorce or if there was some alimony demand from her side.


(Guest)

@ Chetan

You can file DV on her and try to counter balance matters. You can even get  alimony. You can file a divorce lawsuit in US and the courts will start the cool off clock. 

Where is your wife located ? Do you have her social security number ? If you provide her full name and DOB, I can find her address, phone, cell phone, vehicle number plate etc in one hour from receipt. 

It is possible to get her packed up from US back to India, should matters reach that stage. She will never be able to step back in - if she is on a visa. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 January 2012

1. Yes, father can file 498a on behalf of her daughter.

2. You can travel anywhere in the world, as long as you don't miss court dates.

3. Join local SIFF group, join https://forum.498a.org/ , have an effective lawyer. 

4. The case can not be quashed on this ground alone. 

5. First defend then think of counter-action, it should not be  - "My house is on fire, but I am going hunting"

 

If you think, undersigned can be of any help, feel free to get in touch.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

chethan (TA)     03 February 2012

Thank you very much Sir.

On 30th Jan there was court hearing anad my wife hd received the divorce notice which i had filed in Aug 2011. Her lawyer had appeared and court declared - expertee. She will be coming to India to attend court on 6th of March 2012. She will be there for 15 days only. Her lwayer was saying that she will agree for divorce with some maintainence and marriage expense money. I have following queries:

 

1. I have all her USA related salary slips , VISA, SSN and other details which shows she is earlning very hogh than me.

    So does maintainence comes into picture?

2. I have not taken a single rupee nor we had any demands, Can he ask for marriage expense? I have also spend for recetion and other things at my place .

3. In case if she wont sign for divorce this time and returns to USA then does court gives judgement in my favour after 2 to 3 expertee or how does this case proceeds further?

 

Thanks in advance.

I thank all the lawyers who are helping every one who is in stuck in problems.

chethan (TA)     03 February 2012

One more query i have regrading 498 Quash , as Father -in-law filed 498 on behalf of her daughter when she was not in India from one year. Can we get teh case quashed on the basis that she was not in India from almost a year and how can i harrase?  or Can you please suggest me the basis on which i may get my case quashed?

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

If you have enough proofs of her earning,she will not get any maintenance.

Marriage expenses are not considered in divorce proceedings.

her father can file fir u/s 498a.it will not be quashed on that basis alone.

You may get ex-parte divorce if she is absent on court hearing for more than 3 times.


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