Given the widespread menace, abuse and exploitation of 498a, below is a quick brief of my case. I would appreciate vital input in terms of what further course of action and options, if any. Thank you.
1. My wife and I lived together for 18 months in USA (2011-2012)
2. Our marriage took place and was solemnized in India (Amritsar) in March 2011, one month after which she came to America to live with me.
3. I have not been to Indian since.
4. We lived by ourselves (Parents live in India)
5. One fine day (18 months from date of marriage) her father showed up in America wanting to take his daughter/my wife, to India on the pretext that her mother was seriously ill.
6. It came as a surprise but I let her go.
7. I soon found out that my wife was being held against her wishes. Her father in an email to a family friend confesses to holding his daughter/my wife against her wishes, and fearing arrest for the same. (I have a copy of the email)
8. I also found out that her father was making attempts to find out my income and assets 1 week prior to taking her back to India. (I have documentary proof to support the same)
9. The motive was now clear - Money!
10. Her father then began demanding huge sums of money from my parents in India to settle the issue threatening of a police complaint otherwise.
11. He filed a police complaint.
12. The complaint was enquired into by 4 different officers over a period of 9 months but no offence was established, hence no action taken.
13. My parents came to America to visit me.
14. My father in law pulled connections, applied pressure and got FIR registered in February 2014
15. My parents applied for anticipatory bail and were granted bail by the Honorable Punjab and Haryana High Court.
16. My parents further applied for re-enquiry of FIR and were declared innocent by the police.
17. We have returned all of their dowry articles/istridhan etc. including shagan money. However our jewellery is still with them.
18. My wife has now filed for divorce and domestic violence seeking maintenance.
19. Mediation has not worked.
20. The judge has also called for my wife in the maintenance case to hear her version but she won't appear
21. Her lawyer keeps insisting on fixing a maintenance amount, since she has no income.
21. We disproved her 'no income' claim by producing 5 lacs worth of FDR's in her name.
22. We therefore moved an application U/s 340
23. Since my parents have been declared innocent they have filed lawsuits of civil and criminal defamation against my entire in-law family, along with injunction of our jewellery.
Key questions that come to my mind,
1. I have not visited India since 2011 but an FIR was lodged against me in 2014 for an offence that is alleged to have occurred outside of India. This is factually implausible so how can it be legally possible??
2. I have enough proof to substantiate a happily married life between my wife and I for the 18 months that we were together (Letters, emails, etc.)
3. In light of the above facts, is there anything more we can do?
Asked 8 years ago in Family Law
Religion: Hindu
