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Ramesh (Manager)     16 March 2010

Foreign Hindu Citizen

False case of 498A/406/34 IPC complaint has been lodged in Delhi, against myself( Hindu US Citizen) & my parents who are presently in US with me since last 4 months & the girl is also a US Citizen and we went to  India to get married stayed there just 4 days and before & after marriage were domiciled in US.

What can i do please as police has sent email for apperance because the mother is on tourist visa in  India also not a Indian national but harassing us for false & basless allegations.

The girl & boy both are in US and working.

 

 



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 12 Replies

Ramesh (Manager)     16 March 2010

It's not been registered yet but the police has sent an email asking for appearance to give our side of version , faliure to do with imply lodgement of the case ?

We all are in US and cannot come to India straight way ?

The girl herself is not there ? and we both are not even Indian citizen would this be maintable complaint also ?

It's pure harassment as the wife & husband and also girls mother none of them are citizen's.

Please advise what response should i give to police ?

Ramesh (Manager)     17 March 2010

The girl left the house in US in Jan and without telling me went to India for 2 weeks in Feb ( her mother was already there it was planned) lodged the complaint and came back and is working as ususal, the mother hence is pursuing the complaint from there.

They have written in complaint ( false allegation) dowry was demaned during marriage which happened 16 months ago when we both went to India for marriage and stayed there for 4 days and my parents dont even known the girl as it was a love marriage , engagement took place in US my parents were not even involved in and after marriage we left for our honeymoon and my parents didnt have any interaction with girls family till last 12 months.They came 3 months ago for holidays first time. 

How long can police wait ? is it necessary for us to go as this purely harassment for my parents and just a way of getting money.All the belongings ( strhi dhan) of the girl was taken by her when she left the house in US and have freinds who can provide written evidence.

 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 March 2010

Reply  the email, expalining facts and circumstances.

As advised by learned friend,

If case is registered, then file anticipartory bail through a lawyer, ( you need not come)

or a petition under 482 Cr.P.C to quash the FIR.

Ramesh (Manager)     17 March 2010

But since the girl & boy both are US citizen they should not fall under jurisdiction, as this complaint should not be manintable also ?

This completely legal harassment aganst inocent hindu forgein citizen , what can i do , why would the case be even registered when evidence to substantiate the claim is also not in india , as per Articel 19 of the constitution we both dont even fall in Indian jurisdiction plus recent case of bombay high court about HMA not applicable on NRI.

Please advise as my parents are very stressed here and came for just a holiday and we have been used !! 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 March 2010

You said you both are hindu and marraige was performed in india.

In case of offence committed within indian territory, irrespective of citizenship, the offendors are liable.

Get a copy of the complaint and go through the allegation.

Tell us, date, place of alleged occurance and by whom? to get further advice.

You said are not indian citizen. Then you cannot claim fundamental right under article 19.

Article 19 is applicable only to indian citizens.

Don't give facts in piece meal .

Ramesh (Manager)     17 March 2010

Yes , we did go through the hindu cermeony in India and my stay was there for 4 days no registration took place, they are puttng false allegation that we asked dowry during marriage as we left and have never come back .

what about -recent case of bombay high court about HMA not applicable on NRI.

What to i do ? anyone can put false allegation and get away with it by harassing good people.

Ramesh (Manager)     18 March 2010

In case of offence committed within indian territory, irrespective of citizenship, the offendors are liable.- This offence is a false allegation and baseless so what can we do protect ourself ? as at present no case is registered and how long police would wait before they register the case ?

as we can only provide explnantions for these false allegations

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     18 March 2010

Mr Ramesh,

The allegations are made by your own wife, not by any stranger.

You have to give reply/expalnation to enquiry.

You have opportinity to prove your innocence, if the allegations are false.

I think its not illegal and there is no violation of constitution, as you allege.

Ramesh (Manager)     18 March 2010

Correct, but allegations are made to harrass your husband's & family to bribe some money and police are part of this system ..this is a legal terroism ....just because you are women you can do that in India.

Do we husband have similar protection against them ? Ofcourse i would give reply for these allegations through my email but the issue is system is so corrput a false complaint can lead to a respected people life been disturbed.

Since we are not there implies it's a tool used perfectly by Indian women against their husbands.

I think no Foregin Hindu national should marry a hindu women and that too in india


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