abdul (Senior Consultant) 15 December 2009

Options for false dowry case 498

Hi All,
I got married in Hyderabad on Dec 2004 and lived in Canada. We came to India to celebrate our first anniversay in Dec 2005 instead the girl file for 498A charges stating that I did not had any s*xual contact with her and there is something wrong with me. When i got the medical certificates and the charge was changed to physical and mental abuse. I was devasted with the way the ex-wife and inlaws are behaving so i gave the divorce in Jan 2006 and she came to Toronto in May 2006.

I got the statement from Toronto police that there was never any physical abuse in my marriage as the police intervied me and my ex-wife in toronto.

My question is:

The police officer file the criminal charges in Nov-2009 after almost four years in court stating that I asked for more dowry along with the criminal harrasment charges. and the witness are my in-laws and not wife for this? And there is no signature on the charge-sheet.? Is the chrages valid without the ex-wife signature.

My name is interpol list and I wanted to fight this as this is affecting my married life and I do not want my son to know anything about it when he grows up.

Am I eligible for Anticipatory Bail in India as I am Canadian Citizen Now? My Anticpatory Bail is denied in lower court by giving the reason that I have to be India? Can I do something about it.

Thank you

How

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7 Replies

(Guest)

Hiding some true facts.

After divorce your ex-wife can not file a false dowary case against you.

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Devajyoti Barman (Advocate) 15 December 2009

Your anticipatory bail has rightly been rejected by the sessions court as for getting it the apprehension of arrest must be there and you staying in overseas can not apprehend arrest. You can now either come to India and pray for bail after making surrender or if your country of adoption has no extradition treaty with India then stay put whre you are.

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abdul (Senior Consultant) 16 December 2009

Thankyou for replying to my concerns.
Satya the dowry case was filed in Dec-2005 and I filed for divorce in Jan-2006.

abdul (Senior Consultant) 16 December 2009

Thanks a lot Devajoti. I just applied for visitor's visa to India and I want to fly and see my parents and also address the Interpol arrest warrant. Can I get an advance bail based on this? Also Canada do not have extradition treaty with India. I spoke with foreign ministry of Canada and they are advising me to stay in Canada and do not go. Now tell me how long can a person live if he not allowed to meet and greet with his parents and sibling? It has become very difficult for me. My parents were vising me every year but they are too old and I do not want them to travel for me 30 hours just to see me for a month.

Is getting a bail in India is difficult for foreigners? How long will be held in India? My ex-wife is also citizen of Canada and do not live in India. Does this information makes any difference.

Thank you

abdul (Senior Consultant) 16 December 2009

I am attaching the chargeseheet which my parent got back in 2005 when they were arrested and released on bail note there is not mention of DOWRY. For the past four years my parents are attending the court and police did not filed any charges until last hearing in end of November -2009 the court handed them a different charge sheet having additional charges including that I was demanding DOWRY.

I already divorce my ex in Jan 2006. How could invetigation officer and COPS can add and modify the original chargesheet.

It is effecting my life and carrier because of the Interpol arrest warrant. Any view or opinion how this can be addressed is greatly appreciated.

Thank you

Attached File : 31 31 charges india.pdf downloaded: 336 times

Devajyoti Barman (Advocate) 16 December 2009

The scanned copy seems to be FIR and not the Chargesheet. Anyway if the Police has submitted the Chargesheet in the meantime then you should not face any difficulty in getting bail after making surrender as I have experienced in my career in a similar situations involving the NRIs.

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