fishaqi (others) 28 July 2012

498a & 406

I appreciate your valuable responses in this regard.

I am a US Citizen and presently living in United States.

Following are my case details.

November 11, 2007: Wife left home in my absence and started filing cases.

Feb 4, 2009: Divorce Granted by New Jersey court after signing settlement agreement.

March 4, 2009: She filed a 498A and 404 with Hyderabad police by suppressing all the facts and pretended to be a wife in the complaint.

July 2010: Final report file by police as lack of evidence and court has recorded the same after giving notice to complainant at the local address. Complainant was abroad and has not furnished her US address.

July 2012: Complainant came back filed a protest petition in the court and this was dismissed.

Complainant left back to United States.

Now, the complainant mother who is also visiting India has lodged a petition with the police to reopen the case by using influence in the police department.

Police has requested court for re-investigation by citing reasons as initial investigation was not proper.

Please let me know what could be the outcome of their efforts.

Thanks.

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2 Replies

Tajobsindia (Senior Partner ) 28 July 2012

Originally posted by : fishaqi
	I am a US Citizen and presently living in United States. November 11, 2007: Wife left home in my absence and started filing cases. Feb 4, 2009: Divorce Granted by New Jersey court after signing settlement agreement. March 4, 2009: She filed a 498A and 404 with Hyderabad police by suppressing all the facts and pretended to be a wife in the complaint. July 2010: Final report file by police as lack of evidence and court has recorded the same after giving notice to complainant at the local address. Complainant was abroad and has not furnished her US address. July 2012: Complainant came back filed a protest petition in the court and this was dismissed. Complainant left back to United States. Now, the complainant mother who is also visiting India has lodged a petition with the police to reopen the case by using influence in the police department. Police has requested court for re-investigation by citing reasons as initial investigation was not proper.

1. Prima facie, S.498-A / S. 404 does not lie for the reason that there is a divorce decree granted by NJ County Court after signing the settlement agreement and the word used in S.498-A is "wife" and "husband" and you both do not hold that role any more after divorce decree (even though opposite party argues that due to notice not properly served or due to stay in USA, still the relationship exists !).
2. Hence, talking that bullsh*t that you and your relatives in USA threatend her when she was in USA in July 2010 your ex-MIL is experimenting compromising her abala daughter's future, then also S.498-A / 404 does not lie. Hence, S.498-A case is vindictive in nature and cannot be re-opened and liable to be dismissed.