Can woman file 498a after being separated for 17 years?

There is no time bar this can be filed anytime.

Hi Ashok

Since you are a US citizen, you may be able to get some shelted at the US embassy but you need to get inside the physical boundry of the embassy to avoid arrest. 

You can hire a US attorney before you go to India. There is no gurentee that you dont get arrested or your passport doesnt get impounded. 

Suggest you hire a Indian lawyer as well as a US lawyer before you land on Indian soil. 

Since you state - nothing has happened, you are perhaps getting paranoid but I understand the situation.

Forwarned is forewarned - you are taking the safer approach.

Best

Adam

you are US citizen and got divorce in USA, if you marry in USA then, i think you dont need indian divorce and you dont need to attend indian court in case filed by her,

USA never allow its citizen to extradict to other country, 

so she have your USA address? when you serve her properly, i dont think indian court can intrupt your divorce and your re-marrige.

and about 498a after 17 year? there is no use, her complain have no weightage.

Very defficult in India to persue cases against you since it will involve huge costs other than law and other relevant aspects.

@ Author


1. When you got Divorce from one of the County Courts in USA what rights of your wife were decided by the Court? Have they been informed to your wife when final order on your foreign divorce were communicated to her and did she accept them at any stage?

2. Based on what may transpire and reading them down once they are in hand one may say if such allegations comes under ‘continuing offence and or not” as there are diverse views on ‘continuing offence’ within meaning of various Family Law matters. Have positive outlook to recent happenings though we do suffer under gender biasness of Family Laws but then all does not get lost at the end to a diligent litigant.

3. As far as foreign divorce is concerned if same was obtained as per Rules and guidelines laid down by SC in number of recent NRI divorce judgments then same sustains otherwise it still remains open under challenge by your spouse in India.

4. On observation note I wonder why a divorce and or judicial separation were not taken during desertion years earlier and you may have valid reasons which are special knowledge but then some cases prolong for eternity due to no fault of one spouse.

5.  Sit with your Indian home base Advocate to discuss as in-person showing Divorce degree and contest to find a solution. This is mentioned as in forum discussions entire length and breadth of facts cannot be discussed and or is not even possible due to privacy laws / other spouse snooping various legal forums to know what you may seek as remedy clubbed with bandwiddth limitations etc. etc. However the outlook on Indian Laws and what may be done is already outlined in above paras and your enquiry lacks giving one remedy syrup to all issues in your hand.

6.  I see effects of proposed filing of either S. 498a IPC read with DP Act to be diluted (means quash material) with such long passage of non-cohabitation and remaining in touch read with few interactions in past to save marriage show caused in some of your above paras finally read with a divorce decree from a foreign court whose knowledge she already has. Maint. only to a minor child is a small pimple which you may well take care of given to understand your NRI tag (status) read with if really your son today is minor or major further read with if the maint. section allegations are based on plain maint. to a son and or on grounds of vocational / higher studies wherein dramatics of maint. award now gets changed meaning thereby as per few recent maint. laws to a major child!.


7.  We also see from opening lines in your brief you have good grounds to get quash if ever S. 498a IPC and or even DV case are filed today.

I differ to two line sentence of a Advocate @ JSDN infact in Indian soils against a NRI spouse it is more easy to launch either criminal / civil cases at virtually lesser cost and service them for eternity till a NRI spouse comes to h/er knees eventually. I also differ to opinion of @ Rahul.

Pls. see we are not looking for answers to some of the doubts raised in above reply paras of ours, all hints are direction given to you for a face to face consultation with papers in hand with a Indian family law Advocate in the place you are planning coming back to. As far as RCN and or airport holdup are concerned they are now urbane legend stories of non legal writers in various forums and it is not taht easy to holdup a foreign national without reasonable cause and moreover quite ample judicial wisdom are already available to quash and or challenge such non application of mind Orders of prospective trail courts so as rightly hinted by @ Adam milder form of paranoid is acceptable but not fixation to same and to develop a fear psychosis is not required to visit back your homeland if enough reasoned homework and backup plans are in place.

No time limit.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

act of limitation why not applicable in 498a situation? considering sect 468,it should not applicable after 3 year of separation.

Indian Police will not look at period of limitation of 3 years in 498a cases (Especially in NRI cases).

It can be quashed by HC later.

Be careful during visits to india.

In india every thing is possible

Yes she can file 498a and DV at any time as there is no time limit .This is india :-) but dont worry as these are false cases you contest the same and you will get through by them .Truth prevails .

she can file............................you can quash !! DO NOT BOTHER..........BROTHER.....!!!,REGARDS

Filing case in India that too 498A is very easy. But After getting divorce from foreign court and the summons were properly served to the Wife means, its a question of validity of that divorce, if the divorce is valid, then the wife cannot file 498a, if not, She can any time file the case as a legal wedded still wife. Dont get into this mess.I would like to suggest,

Better give a paper advertisement and a notice to your wife properly served saying that you are going to marry again in US or in India since the US court has issued divorce, If any one has any objections please contact / send objections to your attorney in india within 30 days from the date of Paper Advertisement. If any one dont have objections, Then after 30 Days you can land in India. If she wants to contest, let her file a complaint or Oppose divorce in Indian Court, you can quash the proceedings in High Court since you already have the divorce with you and the desertion time is more than 2 years.

Play a safe game rather than caught and wrangles with the unscrupulous wife.

Seperated for 17 years and if married to someother person still can she file a 498-A on her ex husband ?

The cases loose most of the sting when they are filed after such a long gap.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com