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Vidya (ss)     03 April 2013

False 498 a and some other cases and leaving india

Hello Forum,

 This is regarding one of my friend,

He is very talented  and Lived outside India on work for 3 yeras and got married in June 2011 then both of they left to abrod in Dec 2011. since from the day of marriage drama has started. her parents gave some gold to their daughter and immediatly after marriage they convenced him that "you guys leaving country, how ever you dont need gold there we have some imp commitment, we didnt get our money, so we put that gold in bank as soon as we get money we bring them out". he and she agreed and gave all gold.

as soon as they went from India she use to ask him to arrange some money for every month for her parents.

he sent 4 times(he got the proofs). recently she demanded for more money he didnt manage to get it. she started arguing and reported to local police by saying ( he convicted to Domastic violance). police arrested him, but due to insufficent evidance. then he decided to come back india to furnish all infront of community.

she denaied to join with him. even after 10 days her attitude has not changed. all the time she is trying to threat him. so he came back India alone. she changed all her numbers and stayed there.

1 month ago all of a sudden early morning police came to his house and arrested 2 of his family members. and 2 of other and himself was not at home on that day. she put so many sections and those 2 family members sent to remand for 10 days after that he arranged Bail for them.

and also he arranged Anticipatary bail for other 2 also.

now the question is.

since the day he came back from abrod he lived away from home( expecting this situation),

and layer has adviced him since the day of arrests, be hided,

1st we apply for bail who is in prison,

once after getting that he said, we apply for AC-bail for other 2, later AC-Bail for my friend.

why he is spliting like that?

now after getting bail and AC-bail for those 4.

he is saying to my friend insted of AC-bail for him "why dont you leave the country go away for 3-4 yeras".

will it be ok if he go out of country to him and family? is it possible?

how ever he applied to one of the company (in other country) almost he got selected. he may get sponcership visa. but he is bit worried about conceqances. he want be here and attend court, disprove all alegations and then go to any country.

please advice.

thank you 



Learning

 4 Replies

stanley (Freedom)     03 April 2013

Fighting a false 498 A takes3-4  years and once the charge sheet is filed he has to be present for all the court hearings . As of date it is not advisiable for him to leave the country as an arrest warrant would be taken out for him and in future when ever he is returning back to india he may be arrested at the airport itself he should contest the case and get acquitted.  

Rahul Kapoor (Legal Enthusiast)     03 April 2013

hello,

leaving country is not a solution and will not help in any way.

just fight back cases on merits.

 

regards-

rahul.gogreen@gmail.com

Goutam Prasad (Advocate)     03 April 2013

I think you are correct when you want to appear before the court and expalin all your case. If whatever you have stated here is correct, you can have bail.

Just consult a good lawyer and move to court. Submit all the transactions record showing your transfer of money to her parents and also record of your arrest and freeness for want of evidence, etc.

 

Goutam Prasad

Advocate

Supreme Court of India

 

Mob: 9810753838

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist

Vidya (ss)     05 April 2013

thank you all


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