ashish (none) 12 October 2012

How to protect myself and family from 498a

hi, i got married in 2011 in india. i am a US citizen. One week after marriage i found out that my wife has a relation with another guy. she explained that she did not want to live with me i.e she was using me to get into US. i came back and gathered proofs that she didn't want to live with me. At the moment i have her recording and many other proofs that she was going to divorce me. now i filed a divorce here in US and now she wants to file a 498a case against me and my family. i need a suggestion about how to protect ourselves of getting into this case since we didn't accept any dowry at the time of marriage. Plz suggest me ASAP regarding what to do.thanks

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 October 2012

Dear Ashish,

If you are an American Citizen - and she has lived with you there, as it is you are not susceptible to Indian Penal Code, as for extra territorial offences - it applies only when Indian Citizen commits an offence outside India. Even without that, in offences such as 498a - never ever any extradition happens, and reaching you would be a task in itself for them.

If parents are in India, it is somewhat of a problem.

Also tell which state your wife hails from ? that is very important because different state police reacts differently to dowry complaints. for eg : here in dowry things have become far mellower, though in some states down south hasty action is taken very swiftly.

Read : bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

for a broader understanding of the issue

Good Luck !

Bharat Chugh

Advocate Supreme Court of India

stanley (Freedom) 12 October 2012

I agree to Mr Bharat's view . Now days 498 A is filed to harass the husband and their family members and abstract money in the form of a out of court settlement . Till the time being you are in the US there is no problem . But the only problem that could happen when you visit india.As for your parents they can seek anticipatory bail when ever this case is filed and their names are included in it .