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Precaution against dowry harrassment

Hi All,

This is precautionary query inorder to be prepared, in case of a 498a Dowry harrassment case against my parents

The situation here is

Hindu marriage ceremony conducted in Canada and court marriage in Canada, Marriage has never been registered in India, No children involved, We have been living apart for a year, she is now refusing divorce as she wants me to sponser her for permanent stay in Canada.

Legally i could run into trouble in canada, if later proven that i sponsored a person with whom i dont intend to spend the rest of my life with. I can get the divorce from Canadian court but she and her family is blackmailing me with filing a 498a in India and harrassing my parents, as it has become clear that i was always just a ticket to permanent residency in canada.

My elderly parents are in India and i dont want them to go through the hassle, especially since the marriage was against their wishes. There has been no exchange of money or ornaments. Also we have never visited India as a couple, infact i have never visited India since marriage which was two years back. For over 6 months there has been no contact between my parents and wife.

Please advice if there are any steps i could take to protect my parents.

Appreciate any assistance

Regards

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3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 29 February 2016

If your wife and your in-laws are threatening you with filing a case under 498a IPC.. record such threatening calls,.. tell your parents to send an application to the nearest police station along with a copy to the Commissioner of Police of your city mentioning the facts and requesting to make the thorough enquiry before filing any case against you or your parents.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888

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(Guest)

Originally posted by : Adv. Yogen Kakade (Jurycon Inc
	Hi If your wife and your in-laws are threatening you with filing a case under 498a IPC.. record such threatening calls,.. tell your parents to send an application to the nearest police station along with a copy to the Commissioner of Police of your city mentioning the facts and requesting to make the thorough enquiry before filing any case against you or your parents. Adv. Yogen Kakade Jurycon Incorporation Advocates & Consultants Email: juryconincorporation@gmail.com Web: www.juryconn.in Call: 020-65248888

Thanks Sir, Will that be enough as my parents are living in Chennai and her family may be filing the case from their hometown in Mumbai

Thanks again

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 29 February 2016

Sir, Since you and your have never lived as a husband and wife in India. And your wife have not lived with ur parents the Indian courts will not have the jurisdiction to entertain the case and most importantly Hon'ble SC have given clear instructions in 498A for filing of the cases against the family without any specific allegations should not be entertained .... Warn Regards Kapil Chandna Advocate 9899011450

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