• Wife filed 498A/323/504/506 cases against me

Hello, I work in US and got married in India (arranged by parents) at the end of 2015. After marriage, I was there in India for about 15-16 days. During this time we both had some verbal disagreements. Then I had to travel back to US and asked her to stay couple of weeks at my place so that I can start her visa process. But after I left she left our home the next day to her parents place. After that we had couple of phone arguments where i asked her to come to my place in India so i can start the process. Then she started saying that she did not want to go to my place as I am not there and started demanding that i should come to her parents place and take her and do visa processing staying there. but this would take couple of months and I said my company will not give me that many holidays. This arguments continued for a little while and then her father started saying if this is not working why to drag this forcefully. Then couple of months there was no calls from either sides. then I had to visit India related to my some health issue. She got to know that I landed in India and she went to Police station and tried filing a case against me but they understood that she was lying and asked her to at least try to sort out issues. Then she went to Mahila police station and filed a false case against us and the Mahila police threatened me on phone n all. Then my parents went to the station and it was agreed that when I will come to india or when she comes and stays with us for at least couple of months and then if she has any problem then she can file a complain. But this never happened. Then she called for panchayats and all discussions where they asked us to pay 10lacs as they have spent that much money on the marriage. We said if this is what you want then file a divorce case and what ever amount will be decide we will pay. They wanted us to pay this amount before the divorce case and at one time they got some 20 goons and made my father sign a paper saying we will give that much amount to them. Now she again went to some Mahila police station and file an Fir with 498a/323/504/506/125 and charges asking maintenance of 3,00,000 rs/ month.Neither me nor any of my family member has even put a finger on her and never asked for any money from her. she stayed with us not more than 15days out of which she was there for only 7 days with us by her self and later her parents joined us for reception and her brother stayed with her untill she left our place.Out of that 7 days also 2-3days went by just travelling.Now I have to travel India again and I am worried that I will get arrested or my visa would get cancelled or I will not be able to come back to US.Really scared and worried. Not sure how to handle this charges.My lawyer is saying that I will have to attend the 1st hearing which may be after 2-3 months from now which is difficult for me,Is there a way where I could appear in court ahead of hearing and request to travel and my father will attend hearings
Asked 8 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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10 Answers

Kindly assign someone over power of attorney to act on your behalf citing valid reasons, moreso do you have it written in any form be it emails or whatsapp that she didnot want to live with you alongwith your parents instead asked you to stay over at your in laws place, basically if you have proof she refused to stay with you alongwith your parents, then its a valid ground for divorce as stated by a higher court

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1) if any FIR is filed against you then you must cooperate with investigations

2) apply for Anticipatory bail and contest the case on merits

3) wait for Police to file charge sheet

4) you can with court permission travel abroad for work purposes

5) seek exemption from personal appearance till further orders

6) you can file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hello,

You have been advised wrongly bu your lawyer.

File a petition for quashing the FIR in the High Court. Names of the fmily members will atleast be deleted.

Subsequently if that fails then prefer getting anticipatory Bail if you are not in UP and then subsequently take this order that your father will appear on those dates when you are no specifically required.

Let me know if you want me to handle your case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.Unfortunately 498A cases can be filed even if there is no ncident of tortures. So there is nothing new in it.

2.However at the same point of time there is no worries in this as well. File Petition for anticipatory bail which is most likely allowed with ease.

3. Once bail is granted not much is left in the case.

4.however do attend the mediation sessions in the police station. it helps the police to give proper report.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Issue POA to your father Or any of your relative to attend the court proceedings/receive notices or summons/police investigations on behalf you. You do not even need to attend single hearing personally.

2. It is recommended to apply for anticipatory bail and get it approved. Once NBW issued against you then you may be arrested in the airport itself when you land in India.

3. Apply for quash ( if you have grounds ) Or Wait for the police to file charge sheet and approach same court to discharge you ( If you have grounds ) .

4.Till order from court on maintenance, not to make any payment towards maintenance Or alimony.

5. Your father can make a police complaint against the goons whoever took his signature forcible.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi,

The police station will arrange mediation between both of you. Police possibly will not arrest you but due to 498A in the FIR you may need to get the bail.y you are married since 2015, file a petition of RCR under section 9.

After the decree in if things goes wrong file the divorc petition.

She is your wife even now and the maintenance is her right from you but the maintenance will be allowed by court not by police. The hotel house maintenance on the basis of income social background and the expenses normally required to maintain normal life so asking 3 lacs have no ground to support the claim.

Thanks

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client,

What is the status of criminal cases.

Which case is pending in court, maintenance, ur appearance can be exempted, ur advocate will appear.

U can appear on same day only not ahead. advocate may take date, when u will be available in India.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello sir , it is advisable to seek anticipatory bail first , in Oder to save yourself from arrest .. Once you seek bail from court , you can file quashing of FIR in high court .. Once the quashing is filed , the investigation of police shall be stayed untill the high court decides the application

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. Since police has already registered FIR against you, you shall have to apply for and avail anticipatory bail from the Court for which you shall have to arrive in India.

2. No arrest will be made yet for the said FIR without conducting an investigation as per the last direction passed by the supreme Court.

3. After you avail the AB, 80% battle is own and thereafter you can contest the case fittingly and get the case dismissed.

4. Once you can get the 498A case dismissed you can lodge a police complaint against her u/s211 of IPC for lodging false complaint for the purpose of causing damage to you.

5. If it is proved that she has lodges false complaint against you u/s498A of IPC, it will be easier for you to get the decree of divorce on the ground of cruelty since lodging false 498A complaint is considered as an act of cruelty on the part of wife, by the Supreme Court.

6. It was a mistake on the part of your father to give in writing under pressure that he will return Rs.10 lkahs. He should now lodge a police complaint against those goons and your wife and her family members for forcing him to write the said assurance against his wish.

7. Meantime contest the maintenance petition fittingly submitting the figure of your net monthly earning after deducting P.F., I.Tax, etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If you are in IS now, better do not visit India for another one year time, let she desperately try to get you back in India by any mode, she cannot be successful i all her attempts because the police cannot send notice to yo to foreign country, and even if it is served on you, they cannot try to extradite you from there to India.

Let the case against your parents be split and their case can be handled separately by an advocate in that place.

If you appear before the court, the opposite party may demand court to direct you to deposit your passport before court and you will be even restricted to travel abroad during the pendency of criminal case against you, so better avoid visiting India, nothing will happen if you dont come.

The women these days think that they can do anything to the their husband and in laws having this legal weapon called 498a etc, but the fact is that will appear dreadful only in the beginning and it will get diffused during trial proceedings and they will not be able to prove their alegations during trial proceedings.

However in your case the hidden danger is that yor passport is likely to be deposited before court and yor will be restricted from travelling abroad, thereby your future will be ruined or doomed, so you got to be careful in that count

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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