Hello,

Immediately file a petition in the High Court for getting such fake FIR quashed. The FIR is certainly non sustainable.

Let me know if I can be of some help.

regards

1) If the case is fake police will come to know regarding this still you can follow below points

There are several ways that such evidences and precautions help the innocent accused persons –

1. Police may refuse to register FIR.

2. If not arrested yet, then accused persons get anticipatory bail more easily

3. If any of the accused persons have been arrested, it is easy to get regular bail.

4. This helps a lot during trial.

5. Once a person gets anticipatory bail or regular bail, it breaks back-bone of the criminal case of wife because the most a court can do is jail a person and this is averted by anticipatory and cut short by regular bail.

6. This also helps a both the parties agree to reach a compromise.

Some of our former clients have taken these steps to protect themselves from false section 498A cases and domestic violence criminal complaints (THIS IS NOT LEGAL ADVICE) –

1. They made a plan to protect their family and themselves.

2. They disposed off all property in their name. Example – they transferred it in the name of a known person/ friend. Once they were out of litigation, they got it transferred in their name again. (Take help of expert in doing so. Because you do not want that while you are trying to protect your property from wife, a friend misappropriates it.)

3. They maintained minimum balance in bank accounts. If they were privately employed, they asked their employers to give them salary in cash – without receipts. And then they do not show income in income tax returns.

4. They made recordings – voice and video. One of our clients had camera installed in bedroom and he was able to prove adultery of wife.

5. They made separate residence proofs – far from their own parents and family.

6. They lived separately with their wives and away from their parents.

7. Exceptional circumstance – The ones who were planning to go abroad before marriage sold all their properties and went abroad without informing their wives and relatives. (Thats like saying “Now do what you want – We are not coming back.”)

8. Exceptional circumstance – One Canadian Non Resident Indian (NRI) client married in India, problems ensued in Canada after the couple went to Canada. He had just one flat in India. He visited india with wife. Sold his flat secretly. Went back to Canada secretly and has remarried now. Wife is doing all she can to implicate him. But it does not bother him. He is not going to come back to India.

9. File quashing of FIR/ quashing of criminal complaint/ quashing of order under section 319 of CrPC.

1) did your wife participate in divorce proceedings?

2) where was divorce decree passed? in India or in Canada?

3) you can apply for and obtain AB from sessions court in india

4) contest false dowry harassment case on merits

Dear Querist

No need to worry, after the judgment of supreme court in case of Rajesh kumar vs state of UP the arresting in dowry demand cases has been stayed.

When the police registered the FIR then file a quashing petition before the high court.

If you are not able to appear in person then you may execute a power of attorney to any of your relative and hr may be fight the case on behalf of you.

Feel Free to Call

1. No case under section 498A is maintainable after the parties have dissolved the marriage.

2. So file a quashing petition in high court seeking stay and then quashing of this case which should be allowed by court.

3. However it is to be seen whether you got the decree of divorce ex parte in Canada or not. If yes then she may file 498A case as the foreign ex parte divorce is not binding in India.

4. In that event apply for bail for the parents first which would be allowed easily. You also come to India once and take bail so the matter does not become complicate out of delay in your application for bail.

Hi,

First of all seek anticipatory bail in the false case and then go for quashing of the case.

Just file a case in High Court to quash the FIR as this is not maintainable after 3 years of divorce under section 482 of CrPC.

In just 2 to three hearing High Court will quash the FIR.

She can't file 498A after divorce between you two that too after 3 years. You can file quashing of the same in HC.

Kindly clarify status of divorce it was held in india or canda also exparte or your wife contested it???

Since after the recent judgement of SC no direct arrest in case of domestic violence and 498a.

Secondly check whether fir is filed or its just a complaint .

If divorce has already been granted go to india file a quashing petition in high court the high court shall quash it as no 498a after such a delay is permissible.

Hi

1) Subsequent to your divorce in the year 30 July 2015, your first wife cannot file any 498a case on you or your family members in the year 2018.

2) You and your family members should file a quash petition under section 482 of Cr.P.C in the High court and get the petition quashed by High court.

3) Since almost 95% of cases filed under 498A have been proven to be false, even the supreme court has imposed restrictions on arrest and also registration of FIR.

4) So, you can be assured that law is available to protect yourself and your family members in the event of the allegation being false and time barred.

Hope this information is useful

Since it is not maintainable, you may first get enlarged on anticipatory bail first and then you can file a petition for quashing the FIR on merits.

Contact a local advocate and try to solve this issue following further advice from your advocate.

Dear Client,

Veracity of such FIR is Dilutive. Hire some local lawyer and file writ in high court for quashing of FIR.

If u have copy of FIR.

Can contact for draft of petition.

Hi, There is no ground to file a Complaint under 498/A, you have to file a petition under 482 before the Hon'ble High Court for the quashing FIR, the Court will quash the FIR, you have very good case on merits.

You can appoint any trustworthy person in India through special power of attorney who will appear and take legal decisions on your behalf.

1. Understand she has filed a fake 498A complaint againmst you and your family members in India.

2. Has police registered FIR against the accused based on the said complaint?

3. Did yiou marry in India and gor divorce decree in India within so short period? Was it a mutual consent divorce filed in India since yiu got the decree so fast? Or was it thorogh pronoucement of three talaqs as per sharia?

4. Without getting the above information, it is difficult to suggest properly.

5. However, if you have got your divorce as per law, then your second marriage is valid.

6. So, you shall now have to file a anticipatory bail petition for yourself and all other accused immediately and then contest the case fittingly.

7. You can get the AB petition sent to you by your Indian Advocate and then get the same signed and signature notarised by the appropriate officer of your local Indian Consulete for sending to your said Indian Advocate for filing before the trail court for availing your AB.

8. All other accused staying in India can tigether file AB petition accordingly.

In Hyderabad 498A of IPC is bailable offence

2) you don’t need AB

3) quashing is to be done only in exceptional circumstances

4) wait for filing of charge sheet then file for quashing

Both u can do simultaneously, If FIR get quahsed, no need left for AB.

The risk nmin getting AB is that the court may impose a condition that you should deposit your passport with the court which will remain in court till the case is disposed.

This may jeopardize your plan to return to Canada for your employment purpose.

Even after getting enlarged in bail, you may have to wait for quashing the FIR, which generally are not entertained by high court as a routine.

In criminal cases you cannot authorise anyone to represent you during your absence.

During pendency of criminal cases you cannot even travel abroad without permission of court.

Better think of coming to India.

You need to be in India filing for AB and Quashing , you will get the AB in first or second hearing but for quashing it take some time though in your case divorce and after that three years than high court shall appreciate your facts and allow quashing if there is no contest on your divorce( that divorce is valid or not). Come to India file for AB and with all requisite documents approach high court file quashing and if you want to go back take permission from court and go back your lawyer than will handle case but make sure you should present yourseld in counselling and put that divorce is already there this will help you,

1. Had you sent her the talaqnama through Quazi which makes the divorce perfect as per Sharia?

2. It is strange that police has registered the said FIR even after conducting the investigation on receiupt of the complaint of your ex-wife.

3. What has been shown as the place where the cause of action had taken place, in the complaint filed by your wife? If it is not in India then Indian police can not register FIR for the event which did not take place in India. Moreover, how is that she took 3 years to lodge the police complaint?

4. First of all you shall have to avail AB for you following the steps as suggested in my earlier post and then contest the case fittingly.

5. Ordinarily, High Courts do not entertain quash petitions unless charge sheet against the FIR is filed by the I.O. So, file the petition before the High court u/s482 of Cr.P.C. only after charge sheet in connection with the FIR is filed by the I.O. duly pointing at the loopholes found in the charge Sheet. Arrange to develop rapport with the I.O. for expediting filing of charge sheet.

6. The total expenditure for getting AB for you might be with in Rs.60 K to Rs.100 K depending on the Advocate engaged by you.

You may prefer a quash petition before filing a petition for AB.

Also in order to take AB you will have to come to India.

regards