mohan (Software engineer) 30 July 2012

Deportation from abroad

Hello Gurus,

I am really appericiate your guys help and support especially I am in deep sh*t(498 A and domestic voilance case which were became default activities on the hands of psycho wives).

My name is Mohan and I got married on 2009 April and I came to abroad after 10 days of my marriage and my ex-wife came to abroad after 3 weeks of marriage.She lived with me one year in abroad and she left to India to meet her boy friend(I have clear proof of email chattings and call logs).Till now I haven't visited India after my marriage.I am in abroad only all the way to till now.

After she left to India I denied her to bring back to abroad.Few settlement sittings were happend in front our local elders in the year of 2010.In the year of 2011 they filed 498A on me and my parents.Parents got AB and they are safe now.After this bull sh*t things happend,I have filed my divorce in USA and I got divorce.Proper notices were served to her and she denied to present infront of USA court.So the court gave me the ex-partie divorce.I have seen mixed opinions on the validity of foreign divorce in India.

In 498 they mentioned I have demanded her to send me the passport when she is India and she sent me the passport,but the truth is I have no idea at all about her passport.They put this point in the 498 purposefully because passport is sensitive issue and they want to utilize it.

Now they are treatting me that they are going to deport me from the country where I am living right now.

My questions are

1)Is that possible to deport me on 498a case.I am in under impression that when the USA government receives the deportation notice/order from Indian government, USA people may reply them to that the divorce were granted by USA court so we cannot take any action on this notice...

2)My ex-wife filled a maintainence case on me and they are demanding 1lack each every month for maintanence apart from 2 crores of lumsum money.I am worrying that court may give the ex-partie decree.Right now court asked them my address and they dont know my address.Today my father called by police dept even he has AB and cops demanded my father for my address.My father said I dont know my son address adn I dont have any contacts with my son from past 6 months.They replied that they are going to verify my father cell phone call log.Is that possible to get my father call log/call recording without court permisson..That will not come under breaking the individuals privacy?What are my options in this situations.

I really thankful if some one able to guide me in right direction..

Thanks in Advance..

Reply Follow

6 Replies

Anish Thakur 7018812737 (advocate) 30 July 2012

dear querist

yes you can be deported from abroad on 498 case,dear 498 a is seperate section and divorce is seperate ,even if divorce is granted case for 498 will kep running.and usa govt will not interfere on indian court process due to MOU.
recording your fatheres call detail and tracing your address is nopt under privacy concerned now as you are offender and non traceable in india.
i want to suggest you dnt run away from litiogations and law and dnt sit there in this fog in mind that you are in usa or abroad so you cana not be bring to india.you are making your case weak yourself ,still you have chance to fight from your side..and you can make it easy going minimum to 10 years without appearing before the court .
feel free to call

Tajobsindia (Senior Partner ) 31 July 2012

1. You cannot be deported. Read my earlier detailed reply on RCN + Passport Act + NRI deportation with citations and law in hand.

2. No need to come back to India.

3. Cellphone records without Court order cannot be retrieved / placed as material evidence in Court of Law here in India.

4. A person can always deny not knowing about another person as it comes under Constitutional granted rights and neither Court nor Police can force your parents to tell about your whereabouts.

5. Proclaimed Offender status has not been announced so far based on yoru facts except some proceedings going on is what oozes from facts in your query. You have already won 2/3rd. case with AB of parents + with ex parte divorce Relax now.

5. Passport of wife has not much bearing in passport impounding or otherwise possible future case on you.

6. You are wrong when you say different views on foreign divorce. SC has already revisited and clarified ‘foreign divorce” position.

Join local 498a.org https://www.498a.org/forum/index.php?sid=5031652393cf19562aa9d63869ac9671 network in USA to know first hand about similar NRI (s/w field) husbands gospel truth speaking Indian wives sagas back home J

**Victim** (job) 31 July 2012

@ Mohan,

At any cost deportation cannot happen. If you want to know more about this then you can always contact me. I know exactly how this people will try to harass you but any cost deportation is not possible. So don't you worry jst relax and enjoy the show.

(Guest)

Anish ... do you have any references to support ur statements ???

mohan (Software engineer) 01 August 2012

Hi All,

Thanks alot for your guys suggestions..I spoke to one immigration lawyer today in USA and he said US government has to agree to deport you, as 498a is not existing in USA you cannot be deported..but if your ex-inlaws tried to deport you, you can file a citizenship(asylum) based on inequal justice ground in my home country on gender basis....

Does that sound make sense?