Raj 10 May 2017

498a in india and mutual consent divorce abroad

Hi,

I and my wife were separated for about 1.5years now and we are in the process of getting mutual consent divorce in UK. In the process of agreeing final settlement via solicitors, she flew to India about 4 weeks ago and filed an ill-founded 498a against me and family with the police. 498a is stating that I and family are demanding her dowry, despite the fact that my in-laws took about 50lakhs as hand loan, against property documents and the case is in Civil court for over 5months now. I wonder if we get mutual consent divorce in UK,

what will be the state of 498a in India. And what are my options to get rid of this.

Thanks, Raj

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 10 May 2017

Sir,

You have to contest the 498A and firstly get that case closed... Then go for anything further I would suggest.

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

kapilchandnaadvocate.wordpress.com

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Raj 11 May 2017

Well, she is Indian, got her Permenant Residence in UK on the grounds of getting divorce etc. and now working here on a full time employment. She only went to India for filing 498a. Appreciate your thoughts and quick responses!

I sort of consented for mutual divorce in UK on the understanding that we will get this sorted, and the civil case will be dealt with separately in India; and didn't realise her ill-founded motives of mis-using laws of both lands.
I don't know if delaying divorce is of any benefit at all. If I don't consent now, then it will be court proceedings here which will cost me about 20lakh as court fees.
Her idea is to get divorced here, fly to India, get married to another and happily live here, whilst I consent for the 498a forever.
Except for the 40lakhs for which my father has filed the civil case already, any act of cruelty, if exists, was performed in UK, outside the Indian territory, for which section 498a IPC cannot be attracted.
Also, even though we were marreid in India, I am a british citizen, and only visited twice to India post marriage as part of usual once a year trip. Does 498a be allowed against me in the first place; how will my travel to India be impacted, are there any options of my protecting myself, so that my travel is not impacted in the first place. We have been living separately for over 1.5years now.
Will I be any further trouble in India, if I get FIR/report copy and attach in this forum at all.
I like her gaming strategy, and want to give her a lesson so that the law is not mis-used and others can atleast learn from it, and not get into troubles.

Sudhir Kumar, Advocate (Advocate) 12 May 2017

first seek bail of you and your family. You appear to have a good defence (atleast as appearing from given facts )which people generally donot have. Do not spoil case on guidanc eof some one.

divorce case and criminal case are diffent streets. Divorce does not extinguish criminal liability.

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