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Mohammed Khan (Engineer)     05 June 2017

Automatic 498a arrest happened with nri parents

Hi,  I am an NRI and currently residing out of the courty on a work visa. My ex-wife has put 498 a Section 3&4 FIR on me and my parents. I or my parents never did Dowry Harrassment to her and we are sure her allegations are completely untruthfu. She filed FIR due to the reason since we have not agreed with their expectations of 50Lacs they have demanded through mediator and now she wrote in FIR that she gave us 40Lacs as dowry and 320 grams of Gold - FALSE ALLEGATIONS.  I given divorce to my ex on the base of Talaq an year ago and also I have been issued a Divorce Certificate by the Local board council and the certificate is attested by Indian Embassy.  Now police issued an automatic arrest to my Dad and Mum who has been arrested and took them to Police station early moring  before 5am and my parents have now been released with the station bail on the same day in the evening. Could you please advise what would be the best appropriate steps to take now? We are thinking to make Qash Case in hight court and also file a pitition against Police or Megistrate due to the automatic arrest. Please  - Awaiting for certified FIR copy from Police.  

Read more at: https://www.lawyersclubindia.com/forum/Sentence-for-498a-arrest-150460.asp



Learning

 8 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     05 June 2017

Laws favour woman so in such cases ego will not work.

 

498 can be filed even you had given takaq. Even your talaq certificate can be challanged on many grounds even under Muslim law.

 

Keep cool and contest the cases properly. There will be no quash, it will be waste of money and time and it will complicate case in the lower court.

1 Like

Adv. Rakesh Martyn   05 June 2017

What I say is settle matter amicably with wife.  You taking her back is impossible. She has asked 40 lakhs and 320 grams of gold from you.  Give that and take divorce in court.  Dont give any money outside court. Make agreement that she take back the cases and only after she takes back cases give her money.  No use going to appeal in HC.  HC wont interfere in this matter.  

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com)     05 June 2017

All the allegations made by the wife are to be contested in the Court which is hearing the domestic violence case. It is a long drawn procedure and since you are abroad you can claim exemption from appearance till final hearing. If your parents are aged or not keeping good health they can also claim exemption from appearance till final hearing on the same grounds.

Was the mediation done through the Court or a private mediator? A trained mediator from the panel of mediators will be more effective in resolving the dispute.

As far as quashing off the proceedings, we do not think that any Court will quash the proceedings until the trial is over.
 
Police has authority to arrest after going through the entire case and being convinced that the offence of harassment for dowry has occurred with proper evidence. The Courts have directed the police officers to thoroughly investigate regarding domestic violence cases.

Kumar Doab (FIN)     05 June 2017

Take help of a very able local senior counsel of unshakable repute and integrity specializing in Family matters.

 

 

Mohammed Khan (Engineer)     06 June 2017

Charge sheet is not prepared and my parents been released on station bail. 

- Submitting section CrPc 41 & 41a application, what implications will I have? Will they be on accused?

- My ex also has added mainatnce topic in the FIR in order claim my assets holiding by my father. What would be best action to take as soon as possible on the mainatance side for both child and mother (Mother is well educated and Employee). 

- What certain point of time my passport will be impounded as I am afraid to loose my job incase I return to India for hearings. 

Mohammed Khan (Engineer)     06 June 2017

From my FIR, I can see lot of allegations are not true. For example, my ex told that my parents, sister and brother-in-law went to her place to harrass for dowry 10 days ago. However, my sister and brother-in-law is out of coutnry since 6 months. Also, my parents were in the home town of our place before 10 days which we have ATM card transaction and further proofs. Likewise, my ex put all fake allegations without proper proof or evidence but the Police did automatic arrest (looks like through some political influence or corruption). Is there any other way to get rid of my parents and relatives names from the FIR please

sai narayana   08 June 2017

If you have solid evidence, means a judge can udnerstand your concern without any need of the trial (which is called as prima-facie in legal terminology) then you can approach HC for quash. Remember that entire family member names can be removed (quashed) from case except the main accused the husband i.e. your name in the case. And also if the evidence was not  so strong or convincing enough, then request the HC judge to at least grant the exemption from personal appearance as a alternative prayer.

Mohammed Khan (Engineer)     28 June 2017

I understand Supreme Court is currently reviewing Triple Talaq in order to ban and make uniform divorce law in the country.  If the judgement concludes to the complete ban of Talaq, would that be effected to everyone who already divorced throug Triple Talaq (i.e 1.5 years ago and Divorce Certificate also issued by the local muslim board at that time). I heard Supreme Court gave stay on muslim divorce law so all future and previously given Talaq will also be invalidated. Is this true?

What happens to my Talaq as I gave 1.5 years ago but my ex-wife refused to take the india post and wrote as I am stil her husband in FIR few weeks ago. Please could you advise right course of action as I am going for Quash now.

Thanks.


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