Me and my wife with 2 kids are Canadian citizens. Our marriage happened in India. My wife and myself are not in best of the terms. She once attacked my parents and harmed them in Canada and was taken in custody. SHe was let off with a 2 yr old bond of keeping good behavior towards me(husband) Now we plan to go to India together with kids but I worry that she may try to settle scores by implicating false 498a on me and my parents. Is there anything I should do in advance to avoid this? Also anything to avoid her abducting the kids? Although she has a good job here, I always worry that her constant depression can make her take drastic step of ruining the life and future of her kids just to be with her parents in India One more thing, I have videos and recordings of her assaulting my parents, her own kids, threatening to kill me, blackmailing small kids of suicide if they meet their grandparents etc. They all were taken in Canada. Do they serve a good evidence of her evil mind when presented in Indian courts?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You can rely upon video and audio recordings to prove allegations of mental cruelty
2) in the event any false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court
3) you can file for divorce on grounds of mental cruelty seek sole custody of your kids
As of no one predict what's running in your wife's mind. However, the situation needs to handle by you with zero tolerance while visiting and staying in India.
If you have fear in your mind than kindly stay close with her and polite with good behavior's do keep watch on her every small and big steps.
In this tour to India don't argue with her, because there is no such precaution in advance, max to max you can make no complaint (NC) against her in the police station (better to apply online by selecting nearest police station of your visit and do mention all details history happened in the Canada.)
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Since , once she attack your parents and taken in custody , and she has to submit bond for the same, then such acts of her amounts to cruelty on you and in-laws, and hence it is a ground for divorce as well.
- Further, on such behavior she cannot get the custody of the kids as well , and these incidents happened in Canada can be used as evidence in the case .
- However, she can lodge an FIR against you and parents in India after alleging false story of cruelty
- Hence, you can lodge a complaint there as well as in India after mentioning all the facts , and mention that she used to threaten without rhyme and reasons to implicate in false cases in India.
If she files a 498a, will I be immediately arrested and passport seized? Is there anything I can do to avoid arrest and my return as this could make me lose my job.
If you are scared to travel to India for the reasons you have stated, then you may better cancel the trip to India at the last moment and allow her to travel alone stating that you have some work at Canada to be completed and you will join her there later.
Once she travels to India and decides to settle down there itself and also if she makes a complaint then you can remain back in Canada safely.
The police in India may not be able to even send notice or summons.
In the meantime you can change your email account, phone number and other social media accounts which are known to her so that you will not be contacted through any mode by them.
If you apprehend that she may do something in retaliation to the police complaint at Canada, you may better do not travel to India along with her, neither you allow the children to accompany her.
It is not that the police will arrest you immediately and confiscate your passport on receiving a complaint from her.
You will come to know about the complaint when the police calls you to appear before them, at that time you book a ticket to Canada and travel to that country instead of attending the police station.
Alternately, you may better cancel the trip to India at the last moment and allow her to travel alone giving some flimsy reason for not accompanying her and allow her to take any step in India once reaches here.
Then you will come to know her true intention behind this visit
Thank you. Since its just a fear and should not just take it as certain, is there anything I could do to avoid arrest if I have to go to India? Should I file anticipatory bail on the first day of reaching there or should I wait for any case of filing by her?
You can file an application for anticipatory bail only if a criminal complaint has been registered against you and not before that.
If it is important for you to visit India along with her then you make sure that the children are with you at your parents home itself.
If her parents want to see the children, you may take them and bring it back and ensure the children are always under yor supervision and custody to avoid they being abducted by her.
In case you sense that she is taking steps for filing a criminal complaint against you then you may better remain absconded from that city itself.
And you can leave the country at the earliest instead of waiting for the police to take you forcibly.
Don't apply for AB directly. Wait and watch than take action for filing case against her.
You would not be immediately arrested
2) you would be issued notice under section 41 A of crpc to record your statement
3) you can apply for and obtain anticipatory bail from sessions court
Ypu can apply for anticipatory bail only after FIR is filed against you
- If there is FIR under section 498a , then you will be given time for getting anticipatory bail by the I.O. of the case , and no arrest will be taken place without giving information .
- Hence, without knowing about the lodging an FIR , you should not apply for bail.
you do not have to worry unless a written complaint is filed by your wife against you.
As a precaution you can hire an attorney to find out whether there is any complaint or FIR filed against you.
In case a complaint has been filed against then you may apply for anticipatory bail to prevent your arrest.
Dear client,
Evidence: The videos and recordings you have of incidents in Canada may be valuable evidence in an Indian court if a case is filed. Consult with an Indian attorney to understand how best to use this evidence.
Legal Assistance: It's advisable to hire a competent Indian lawyer who specializes in family and criminal law. They can guide you on the best course of action, including potential anticipatory bail applications.
Anticipatory Bail: If you fear that a false case might be filed against you, you can consider applying for anticipatory bail in India as a precautionary measure. Your lawyer can advise you on the timing and process for this.
Child Custody: To prevent the risk of child abduction, you should discuss and formalize child custody arrangements through legal means, both in Canada and India. If there are custody orders in Canada, they may be recognized in India under the Hague Convention.
Passport Seizure: If you have concerns about your passport being seized, consult your attorney. They can advise on precautions and potential safeguards.
Mutual Consent Divorce: If both you and your wife agree to divorce, you may consider pursuing a mutual consent divorce in India, which can help settle matters amicably.
Keep Communication Records: Continue documenting any threats or concerning behavior from your spouse, as these records may be useful if needed.
You need to take anticipatory bail in the said case. Generally without Dcp permission arrest is not done in 498 A case
