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Yoonuse (a)     29 August 2010

VERY VERY URGENT ADVISE REQUIRED

Dear All Experts, 

My wife filed a false 498a, 323 case against me, my dad,mom, 2 younger sisters.I'm currently in abroad living in dubai, my lawyer applied fro AB in KERALA HC, 

What action i have to take after getting AB. 

I have complete proof of his fraud, cruelty , mental illness documents.... 

Please assist me, 

if i go to india is it possible i can return back to my job... 



Learning

 4 Replies

P.K.Haridasan (Advocate)     29 August 2010

Follow the advise of your competent lawyer. Wait for the result from High  Court. If the warrant is pending against you, police can arrest you on your arrival in India.Most absued section is 498A. Good weapon in the hands of women. Government is rethinking. Proving with material facts can be done only at the stage of evidence.

nitish neilesh sanga (lawyer)     29 August 2010

wait for the kerela High court direction.......if anticipatory granted...then no need of worry......if rejected, then compromise the matter outside the court....settle ur wife by giving permanent alimony......file the joint compromise application at the time of surrender before the court below......in the joint compromise petition pls mention that both of u r compromised the matter and ur wife had recieved the permanant alimony/ maintenance amount...no claim in future......and both of u r ready to file the mutual divorce application before the competent court of law 

Yoonuse (a)     29 August 2010

 

 

Dear Sir,
Could you clarify 2 situations to me please?

1) For a NRI who is residing outside India, when the wife goes back to India and files false case (489a,323) against him. Is it mandatory for the person to go back to India to get anticipatory bail (AB) or to execute the AB in court / Police station ? Can he give Power of Attorney to his parents / Lawyer whilst he is outside India (parents / lawyer in India)

2) In similar situation, to obtain AB for his parents- should he come to India?

Please reply in details .. thanking you in advance...

shrikant chede (law officer)     23 December 2010

1)No

2)No need to be presence of accussed for AB


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