Fir case affecting us green card holder

It is very unlikely for a FIR in India to lead to cancellation of your green card. You need to be convicted of a serious crime for this to happen. A FIR can cause various issues though, if you are declared absconding for not joining investigation or trial, a look out circular can be opened that can cause arrest at any port of entry into India. If things get worse your passport can be recalled. However all this only happens if you abscond. Hire a lawyer in India to represent you, give him power of attorney to give statements on your behalf and get anticipatory bail from court. If you play your cards right, the FIR will not cause any issues whatsoever. Besides the trial in Indian courts will take at least 5 years to complete and you will get US passport before there is any outcome of trial. Worst case situation is that court will demand your presence in India to grant bail and put condition that you cannot travel abroad. Then you have to move to higher court to get travel restrictions removed and all this can take 2-4 months in India. Don't be scared of wife's threats, 498A cases have lost most of their sting these days, courts and police know that 98% cases are false. Besides you wife will have to run pillar to post to follow up on her threat and then her life too will hang in the courts.

so better to seek settlement.

I agree with expert advise of Mr. Sudhir Kumar, amicable settlement shall be the best option for you, otherwise you have no alternative but to contest the case(s) through a local lawyer (where your wife desires to institute).

Thank you all for your suggestions. In the first visit to Mahila thana, my wife put allegations on me and my parents. My wife must have given misleading information to SHO. Once my father told that I had sent PR papers for my wife and son to join me here in US. Then, SHO asked my father to bring those papers to Mahila thana on next visit. Yesterday my father presented the PR papers in front of SHO. This time, my wife clearly mentioned that she does not want to come back to live with me. My wife insisted on doing FIR on me and my parents. On asking about mutual divorce, she said, how much I will get out of this (money etc). This is the scenario. Clearly, my wife knows that she has upper edge due to FIR threat imposed on me and would be seeking a large chunk of money. I came to US about 2 years ago and applied for green card last year and received it after 10 months itself based on my strong profile. I invested a lot of money and I don't have enough money to give to my wife. I have read the responses to my query. I agree with amicable settlement. Let's see. How to make strong case to get child custody? My son is 3 years old. My wife did not let him bond with me so far, which is very sad. Can I appeal or file some case to see my son on Skype every weekend? Please let me know. Thanks again for your suggestions RK

Settlement is best option but no need to give huge amount of money. If settlement happens at reasonable amount then go for it. Don't bend down to pressure tactics. Treat negotiations like a business transaction and leave all fear of FIR behind. FIR case is no big deal and can be handled easily by a good lawyer for a reasonable sum of money.

Thanks autohide for your suggestions. I understand and agree with your suggestions. My parents are stressed out and looking to get anticipatory bail before receiving FIR. Can they get it now or they should wait for FIR notice?

Although, we are not sure if my wife has lodged FIR already or not, they just returned back after discussion in mahila thana.

Please let me know soon.

 

 

 

Wait for some communication from Mahila Thana. Nothing to worry every one shall be allowed AB.

Dr Vashista What kind of communication can be expected from Mahila Thana? I am looking for a lawyer based in faridabad. Do you or anybody can give me the contact details of a good lawyer?

Your worry about arrest of parents is in overdrive. I am assuming that in 498a case you are main accused and parents are collateral accused. Arrest of senior citizens who are collateral accused happens only in very rare cases (where strong evidence exists) that too after the investigation stage (several months after FIR). Don't worry about AB at this stage, it is premature. Reasonable apprehension of arrest must exist for AB application to be maintainable. CAW cell does not have powers to arrest, their role is only to mediate. After CAW cell proceedings are complete and mediation has failed then you can talk to a lawyer about bail applications. Be patient and stop worrying. In 3-4 months picture will become clear. Boy families who are newly hit by 498a usually go into panic and at this time unscrupulous advisors/lawyers swoop in and make claims that they will get the problem resolved etc. and take nice sums of money. Don't fall for this trap. Nobody will be arrested even if you don't have AB. Read SC judgements on 498a and read police guidelines. Be aware of your rights. Police cannot arrest anybody merely on allegations. Yes they have power to arrest, but they cannot exercise that power without sufficient cause which has to be recorded in writing. It is not easy to cook up a cause to arrest someone, police can get into lot of trouble if they misuse power. Reality is not like movies. 

@RK,

Investigating Officer in Mahila Thana shall call the accused in police station and seek his/her views on the complaint against them.

There would be at least 5-6 sessions/dates where both (complainant and accused) shall be summoned, counselled and efforts to find out "some" possible solution, which is generally favouring the complainant.

You will have to "out smart" the complainant.

Best wishes.

Dr.(Major) J C Vashista, Advocate

Consultancy Room, Lawyer's Chamber Block-1, 

Delhi High Court, New Delhi-110075

Cell# 9891152939 

Thank you all for your suggestions and prompt replies. My parents are bit relaxed after hearing the comments from you. 

My wife already mentioned that she does not want to come to USA and wants to file FIR. I don't know what is expected the next. SHO did not ask my parents to come to mahila thana, since no date was given. My parents live about 700 km away from my wife's place. I don't think that there is any chance of direct mediation given that my wife and her parents are uncommunicative.

No dowry items was given or taken in my marriage. However, we don't know what kind of allegations or anything my wife could have to file FIR against my parents based on dowry. What could be her next move? Any suggestions!

 

 

you have been advised not to worry.

you have to be careful and have to worry.

 

in case criminal case is registered then renewal of pasport may be a hurdle and in case of non-availability to face trail the passport case be cancelled.

 

You might have recently read a case of a business tuycoon MP facing such situation.

Even if case is registered in India Passporr renewal should be possible to be done from Indian embassy or office in US.

We want to get prepared for AB in advance. For AB, do you think the guarantor needs to show his property? Thanks RK