• 498a, 323, and more

I am NRI
Got married in India and stayed in India for 9 days after Marriage.
Wife earlier launched a complaint in India for false case of dowry in June 2020 online against all member of my family residing in India.
But no action was taken as my wife was in Canada with me.(replied in RTI)
I, filed RTI and asked about status of complaint and only the statement given by my father and mother in law and my parents was given in reply.

Later , I filed complaint to embassy as my wife declared Single in Canada. After this , my father in law launched another complaint in November ,still my wife was in Canada.

I again filed RTI and dates of marriage was 10 November in complaint launched by wife And 11 November by my father in law.

My parents and all relative names are taken out later in May 2020 and false FIR is filed against me.

Relaying in complaint they mentioned 23.5 lac cash was given to my parents at time of marriage.

They relaying All false case of dowry, beating and more.

I have canadian clearance from police.

Father in law doesn't have ITR
Mother in law housewife
Brother in law -Unemployed
Wife- Landed India in March 2021 and FIR launch within 30 days.

Marriage expense was holded by me and I have all bills from buying bed to airplane tickets from Canada to organize marriage that include GST bill.

My in laws have bills like they board taxi, suits , sweets and dry fruit given that is not a authenticated bill.
That is on rough paper receipt.

Police not proceeding to chargesheet till now.

Wife also mentioned in complaint that she earns and her husband doesn't earns.

But later they are mentioning her husband manages 200 people in office.

They don't even have any ITR.

My marriage is also not registered

What steps need to do as I have left country and in Canada again to continue my job and only FIR was launched and that also was changed 4 time with different IPC.

Kindly advise
Asked 3 months ago in Family Law
Religion: Hindu

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10 Answers

File complaint with income tax authorities regarding income tax evasion by father in law

 

enclose copy of FIR wherein father in law and wife mention that Rs 23 lakhs has been allegedly given in cash as dowry 

 

mention that income tax returns filed by father in law 

 

4) inquiry would be conducted against father in law for tax evasion 

 

5) you should apply for and obtain anticipatory bail from sessions court in 498 A case 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

- Since there is an FIR against you , then you should apply for anticipatory bail from the session court. 

- Further, you can also approach the High court for quashing the FIR on the ground of repeated false complaint filed by wife and her parents. 

- Further , you can move an application under section 340 CrPc before the said court where charge sheet may be filed to lodging an FIR against her lies. 

- Further, you can also file a compliant before the Income tax department against her father as well for the offence of concealing the income and expenditure and not filing an ITR. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

As you are being falsely implicated in this matter, please contact by Google search or through this website to consult free

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

Apply for and obtain Anticipatory bail from sessions court 

 

contest false case on merits 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

An fir has been lodged. You should take anticipatory bail for yourself  and your family members. What are the sections that have been imposed along with 498A?

Moreover the charge sheet would be filed in a few months. The case will commence after the filing of the charge sheet. Therefore take anticipatory bail.

File a domestic violence case against her and her family through your mother and sister so that they are pressurised into compromise.

 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Ok. So 377 has also been filed. Take anticipatory bail.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Since the complaint against your parents and others were closed by the police considering it as false, and the FIR against you alone is pending, you remain silent about it unless you receive a summons from police in this regard in future.

At the later stage, if at all there is a necessity you can file a petition to quash the FIR or charge sheet on the basis of the information  and merits you rely upon.

The information you have furnished now would be useful for your advocate to make them as pleadings in the application for quash of charge sheet before high court.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Since the police have found this to be false complaint hence they have removed the names of other accused from the FIR.

 Now you may have to wait for the summons from police after which you can file an application for anticipatory bail and also to file a quash petition before high court on the basis of the substantial evidences in your support and the merits in your side.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear Sir,

1. False cases of 498A in India are very common. The first step is to keep all proofs (such as call recordings, marriage expense bills, etc) with you. This will help you disprove the allegations of the same.

2. In case a charge sheet is filed and you will be asked to present yourself before the court, then you will have to come to India.

3. If a charge sheet is filed against you, then through Power of Attorney, you may get a response to the petition filed. Depending on whether the magistrate makes a prima-facie case or not, you can choose whether to come to India or not. 

4. Please do not take any pre-mature action until and unless a charge sheet is filed against you

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

1. When the matrimonial relationship for the majority of marriage has unfolded outside India then FIR under 498A is not maintainable in India.

2. You should have filed petition for quashing of FIR in the High Court. Having myself appeared as a lawyer in many such cases I can vouch that you had sound prospects of getting the FIR quashed had you approached the High Court in time.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

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