498a

You getting a good taste of India....Oops!!  Incredible India!

Welcome to hospitality of Indian judicial system!!

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Okay...Am not a lawyer.So wait for Indian lawyers' responses.

For only getting lawyers responses,better you post at expert section.

If you want to get responses here only,please get them,alongwith a free package of personal attacks,+  advices by untrained people,who have no knowledge of the law,yet act like lawyers.

Choice is yours!

Good luck!

Pass port can be impounded only under the special act that is pass port act of 1967, which has the over riding effect on the General provisions of CrPc, and this was decided by the Supreme Court in a similar case pertaining to NRI in the case of Suresh Nanda vs UT of Delhi as reported in CRIM I N A L AP P E A L NO. 1 7 9 OF 2 0 0 8 [ ARI S I N G OUT OF S.L. P .(C R L .) 3 4 0 8 OF 2 0 0 7 ] as such you can appeal to the High court for restoring your pass port. Regarding withdrawal of case and filling it again will only damaged her case if she filed it again after withdrawal. But I am of the view that the court will not allow her to blow hot and cold as she likes by filing complaint and withdrawing and filing again.

Your question is answered in Expert column.

In expert column pass port issue was not responded and maybe becuse of that he has posted the same query. But, should the Court in India allow the complinant to tke the court for  ride by blowing hot nd cold nd dictating the court?

Meenal Bahadur, how do you judge untrained people in LCI and what do you mean? who have no knowledh\ge of law, and yet act like lwyers? Can you elaborate in brief?

Meenal Bahadur, please cite an example of your posting!

Meenal Bahadur, you have the privilage to be in LCI, but not the privilage to defame the LCI members, so mke your position clear.

GOOD JOB MEENAL JI

                                              u r given extraordinary advice with extraordinary skill. good job.

@ Author,

Que. 1: (You may reply) When you mention filed a S. 498a IPC case then is it filed by way of a Complaint before Women Cell or by way of a Private Complaint before a Magistrate Court?

See unless you have knowledge of where it was filed before that readers are not supposed to reply as post fact procedures are totally different to understand where may stand at the end!

For clarity a Women cell is constituted in district boundaries of cities under a special Circular of the City and or District Police Head Quarters and proceedings here are quasi in nature and may culminate into lodging of FIR which is called ‘she has filed a S. 498a IPC case against me”. Magistrate court needs no elaboration and procedure wise it slightly differs but is not possible the way she says to you to withdraw from this point onwards.
Reason being: Both parties have to appear in court in front of a Court. Then the wife can say either:
1) She files a false case
2) She turns hostile saying she does not remember anything and the case be quashed that also at State’s HC level not at trial Court be note that.

However you may gain special knowledge of ‘where she has actually filed’ by probing her and may tell readers for better guidance.


Que. 2: When you say you are foreigner, does it mean holding non Resident Indian passport or holding any other nationality other than Indian? You may clarify if you may.
In my early opinion you are a NRI on work visa staying in India that is why passport got impounded by Magistrates Court otherwise a foreigners passport a Indian Court can’t impound on wife’s complain so easily (means under blow hot blow cold scenarios). There is something missing in your briefs for wanting proper guidance.


Anyhow it is your case and briefs are half to point much…….

@ Author,

While talking about “withdrawing” reference to a Magistrate Court lodged S. 498a IPC complain let me also tell you that such errant complainant’s can’t withdraw such a lovely pain in sweet places dear (family law matters related) complains on her mere statement the way casually she rolled your heart into believing the same that she has withdrawn !


Also note S. 498a IPC is compoundable only in AP State in India. That takes me to ask you, has she done this so called ‘withdrawing’ activity in AP State? Then it is possible to do so !!!


However, in rest of the Indian States it is non – compoundable, that is where many get struck forever.


And Quash petitions for non-compoundable offenses are done with Applications U/s 482 CrPC presented to the State’s High Court, usually by the accused (that is you).

Also take further that there are two kinds of quash: Merit Quash and Compromise Quash.

Merit quash refers to the various legal grounds for quashing as listed in the Re.: Bhajan Lal judgment (this citation can be shared with you but later).

Compromise quash does not refer to the validity of allegations, but is based on a simple compromise between the parties where the complainant agrees to withdraw the complaint and gives a statement to that effect in the court.

I am an Australian citizen with a PIO because of my mariege to Indian wife. I made a huge mistake marrying my Indian wife 2 years ago with the hope of living happily together & raising a family here in India. But sadly she had deceived me & my family about her fertility, her willingness to live with me, along with many, many other lies. She turned out to be very seriously emotionally unstable & extremely abusive verbally. She had demanded over this 2 year period some 10lacs from me which I had paid to her. I also arranged for her Australian citizenship which she had also demanded. Now I came to know she ONLY married me to extort money from me & to gain Australian citizenship. As I was not happy with the way the relationship was going I eventually filed a divorce petition. To which 4 weeks later she responded by filing a false 498A FIR (dowry & assault charge) against me driven purely by malice & revenge. I had committed no crime, never harmed her in any way, demanded no dowry/money from her, yet with this law a woman in India can do enormous unjust harm which is what she is trying to do to me.
The stress overload, on my well being has been overwhelming. I had to take Anticipatory Bail to prevent my arrest. She also repeatedly calling my place of employment, to my CEO & Vice President threatening them of dragging the Companies good name thigh the media till they finally succumbed to her baseless accusations & harassment against me & they consequently terminated my employment. Plus my passport is gone. How is the safest & fastest way out of the clutches of this monster, get divorce & regain my life?

@ Author,

So my apprehension on you a NRI status is clear. Hence, welcome on board S. 498a IPC grand party time! Don’t know your location city in India not that it matters to me ?

You need not loose hope. There are only possible two ways to your current miseries, choose and stick to only one (each as per his/her own capacity and will is the idea behind this short and sweet last gyan on this board)


1. Fight it out come what may. For this appoint a Criminal Lawyer (LCI?) and train him with legal gyan on S. 498a IPC and S. 406 IPC and for the same Google '498a' and you will get heaps of well tried and tested methods to contest a false S. 498a IPC. Join local chapter of Save Indian Family which is a free NGO with dedicated activist and volunteer helpline nos. and share and gain knowledge on how to fight S. 498a IPC. Do this if this is what you want otherwise read down;


2. Ask her and her side of family how much they want and come at above middle figure and get over with all these once for all afterall you are a Australian origin PIO brother. 

What I am harping on is not the posting of Bruce shiv, which had been expounded by the Supreme cour in  2008? But the original posting of Meena Bahdur regarding LCI members response to the query in the forum?  Will Meena Bahadur be please to come out with the fcts?

she filed her false charges at the womens cell, we are awaiting for the Police to file the charges at the lower court, been waiting for over 1 monthsbut Police seem lazy to file? Then (she claims) she will become a hostile witness & cancel the matter?