Wife works in usa but filed 498a on parents/sisters

you have not intimated on which ground you applied for divorce.

You have not  also indicated how the things had gone so bad.

You have not whether her allegations are tue or false.

You have also not intimated whether you are accused or not.

This makes your query vague.

Now coming t specific questions you posted

Can i not quash 498a case before charge sheet ?

  can i quash my parents/sisters names from 498a case ?

only your lawyer well versed with all facts and papers can suitably advise you.

We both (My wife and I) are staying in USA so is there any option to close 498a case against my family in India?

in criminal law there is no provision to quash the case simply because complainant is out of country.

If husband and wife both are out of country then how false 498a case will proceed ?

yes it can proceed.  she can visit India as and when her evidence is needed  (which will happen only after prolonged suffering of all accused).  You if accused can be made to attend each date in India or if unable to travel frequently can be made to remain in India. If you are not accused your presence / absence from India is not relevant.

Should i waste next 5-6 years of my life to fight for this case?

Perhaps you have no choice. Even quashing exercise can take time.  Even if she is ready to withdraw the complaint still you have to make application jointly to the high court  to close the case.

How long trauma ?

This question can be replied better by astrologer not subject to legal advise site.

498 A cases are easy to win only it takes time.

Do not rush for quash etc , it will complicate matters in lower court.

Show us case papers and we will show you the proper procedure to come out of it..

Originally posted by : Raj123
	Serve her divorced paper in USA. Get you're divorce done in usa. Under HMA guidelines

Thank you sir for your response ...

I did serve her divorce papers in USA post which she travelled to india to just file false case against my family..

Divorce case in USA is still under progress and she is not responding to legal court proceedings in USA..

Is divorce in USA of any use in india ? How can i use it in india in this 498a case or to get divorce in india ? Any help, will of of great use to me..Pls suggest me..

Is divorce in USA of any use in india ?

divorce is divorce and is not a tool for any other case

How can i use it in india in this 498a case or to get divorce in india ?

whether you get the divorce of not.  It irralevent for the 498a case.  even if you get divorce the case will not close.

Please take -


a) Speedy Trial / Proceedings (Writ Petition in High Court) [Priority 1]

b) Perjury (CrPC 340 read with 195 CrPC)  [Priority 2]

c) Extortion (383 IPC read with 384 IPC. Extortion) [Police complain like FIR or sue in the court as private complain. Priority 3]

 - - As your weapon to fight against it.


It is also advisable to fight in-person (Without Advocates) at least in High
Court. Since you are in USA then please appear through a relative whom you trust like your parents, brothers, sisters of any good friend etc.

what is next step should i take to save my older parents/college sisters from this case? 

Please apply in High Court for quashing with speedy trial immediately.(e.g. 1st preyer is quashing, if not granted then the second prayer is speedy trial in the same petition.).

Also file a counter FIR against her and her family members in both USA and India through you, your parents and other family members.

  Can i not quash 498a case before charge sheet ? 

You can apply for FIR quashing, however, it is not easy. Please prey both quashing and Speedy Trial in the same petition (If quashing is not granted) as I suggested above.

  can i quash my parents/sisters names from 498a case ?

Yes. Please prey both quashing and Speedy Trial (If quashing is not granted) in the same petition as I suggested above.

We both (My wife and I) are staying in USA so is there any option to close 498a case against my family in India?

If husband and wife both are out of country then how false 498a case will proceed ?

Speedy Trial is the only option to close the case permanently. You need not come. Please make a petition of CrPC 205 for permanent exemption. Others in India should attend and follow-up the case until dispose of.

Should i waste next 5-6 years of my life to fight for this case? How long trauma ? 

Please guide me ..

498A is an extortion business of most of the advocates and judges. These are the real culprits. They always wish to keep this problem remain in the society.

That's the reason I always suggest people to appear HC and fight in-person. If anybody acquires this will-power then 498A will not take much time, else I really have no answer of this question. 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Thank you rocky sir...will follow your advise ..

Thanks for your valuable guidance ..You are helping many people's lives families.. 

Dear

Just read Geeta Mehrotra judgement by searching it on google. It will help u. Geeta Mehrotra versus State of U.P. and also read Arnesh kumar versus State of Bihar.

Thanks.