prashant (HR manager) 24 May 2012

Dv, 498a

My brother's wife is living separately from my brother for the last 6 years. Now, she has filed DV, 498a case against my brother and my sister (both are in india). I am foriegn citizen and living abroad. Both my parents passed away.

1) Can she file a case against me (foriegn citizen now) also in DV and 498a. I am living in abroad for 10 years, and go to india only for visit/vacation..

2) If she files case, and if summons are sent to my home address, and as no takes it, what happens? I have a home in village but no one lives there, its broken and not livable condition.

3) Can she send the summons to MY in-laws house? Is it allowed? Can my in-laws not-accept it? what happens if no one takes the summons? Will the court orders a arrest warrant?

4) If the case is filed, can I send lawyer on my behalf never attending the court?

Thanks in advance,

Prashant.

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8 Replies

(Guest)

First check with your close relative that any case filed by them.

As you are NRI they will surely try to get huge amount from you.

As it is 6 year old marriage (I will say dead marriage if no child) they will be agree for MCD.

(Guest)

@Prashant one suggestion

Being foriegn citizen better avoid coming to India till the case is not finalized.

prashant (HR manager) 24 May 2012

Seems the case won't be settled so soon, as my brother's wife has some high demands which are out of reach.. Seems she is enquiring on how to include my name in the case.. My main concern is

1) what if she included my name and summons are sent to MY inlaws house? Even if they don't accept it (as I am living abroad), will the court consider its delivered to me?

2) If court consider its delivered, and if I don't represent by my lawyer, court may order arrest or something like that, right?

3) My main quesiton is - Can I send a lawyer to represent me, so that I don't need to attend..

Please help by answering these questions..

Vishwa (translator) 24 May 2012

Dear Prashant,

I am not a lawyer but I can tell you this: legal matters proceed at an exceedingly slow pace in India. There is no need to panic. Stay calm and take stock of the situation.

It is quite possible that you get implicated in the 498-a case but this does not mean that you will be extradited from wherever you are living in order to appear in the court. In view of a large number of bogus cases, the perception of courts regarding dowry cases is slowly changing.

In many states, there are clear directives not to arrest the husband without preliminary investigation, in some states, there are guidelines not to arrest the relatives unless the circumstances warrant this.

Be very cautious in selecting your lawyer as this can make a big difference.

Best of luck

Vishwa

sri (ceo) 24 May 2012

these cases are often misused for money...

compromise if possible with money...

otherwise huge waste of all things possible...

in india one is not even punished capital...

and no one bothered to think about others, forget law and order...

my advise is to engage a lawyer through your local friend...

claim compensation for job and earning loss against 498a or dv...

discuss this with lawyer... if he cannot, he is not worth wasting yor money...

Prakash S Thakkar (B.S.L LL.B) 24 May 2012

Dear Friend, u shld not panic. when u reside outside india, it is very difficult for the lady to prove tht u to frame in her false and frivolious plan to harass the in laws.... u only have to show ur copy of passport tht u do not reside in india since last 10 yrs....... and thn too if she files ur name thn u have option to file a case of defamation and false evidence cases on her and drag the police officer also for damages which do not require the permission of Supritendent of Police.... and if she files DV act thenalso u cn apply above cases mentioned to u.... u can also call me on my cell no- 09226706015 nd 9765470629.....

Adv P S Thakkar....

sheela subbarao (Advocate) 24 May 2012

Possibility of making you as the party for better bargain cannot be ruled out. Question of proof that you do not reside here and your involvement in the alleged offence, comes much later. However, you can draw strategy only when the cases are actually filed. When you get to know that, you have also been made party on what grounds and circumstances, under provisions of the Act, you may seek anticipatory bail from the concerned court. Your in-laws may avoid receiving summons once but not all the time. If once avoided, the court may grant warrant of arrest. Hence, better to be watchful of filing such complaint against your family people.