• NRI facing false DV case and 498a/406/506

I live abroad in USA for work. I am married for 2 years so far out of which my wife lived me for about an year in USA and then moved to live with her parents in India. 

- My parents received a notice from all women police station in chennai that my wife has filed a complaint of cruelty dowry harassment criminal assault, criminal breach of trust and criminal intimidation against my parents, me and my brother.

- Domestic Violence case is also filed.

With regards I have following questions.

- Are the IPC codes for the criminal complaint above she made for 498a/406/506?

- In DV case I have not received summons but the case is now in TRIAL stage(saw case status online) without me receiving any summons in USA by postal service. I got one email from protection officer to attend inquiry but I ignored because the email id used was gmail and also there was no stamp on that scanned copy to email. How can the case go to TRIAL without respondent receiving the summons?

-  Once during initial stages of separation there was a group conference call with my wife's father to resolve the issue in which he provoked me to speak something which is not true out of anger but if considered valid proof can be against me(just one or two sentences). We came to know he recorded the call. Is the audio recording with 3 people on call and where I am provoked to speak something bad can be used as evidence by him?

- My wife and I share a bank locker in India which my wife freezed in my absence. She is telling to police that her jewellery is inside that locker and I can be booked for 406 for that. I never opened the locker after dispute and she is the one who freezed it as she lost the key and being afraid I may open  it. Can she get a police or court order to open the locker in my absence if I do not come to India for long? (lets say Proclaimed offender case in worst case scenario for not attending court for long in the hypothetical trial in future)

- In DV case she asked for maintenance. If court gives exparte order and if the court awards her some money. How can they enforce on me living in USA? Do they seize my apartment or bank accounts in India to recover that amount and pay her?

- The police is threatening my parents that if they do not make me come to India, they will add their name in FIR for 498a/406/506. The locker is solely owned by me and my wife and my parents never even came to that bank. But my parents are getting harassed. How can we convince police that they are not involved in this matter? Plus the locker was freezed on her request only.

- We did not take any dowry. Also her parents gave her some jewellery gifts which we did not take from her. It was with her only.  There is no written proof also that we took anything. Some of her items may be in that locker along with my items. She is showing proof of marriage photos to prove her jewellery. But how does that prove that the jewellery is still with us?

- I am thinking of applying anticipatory bail to my parents. My brother is currently studying in USA. I want to apply to my brother and me later when we plan to visit India. In chennai, what is the cost of anticipatory bail vs regular bail? Will the bail amount be refunded after the charge is quashed or dismissed during trial?
Asked 8 months ago in Family Law from United States
Religion: Hindu
1) yes the case filed is for 498A/ 406/ 506 of IPC 

2)if it has not been possible to serve you summons your wife must have made application to court for substituted service by paper publication . it would have been published in local newspapers and one in USA 

3) you have to check court records 

4) audio recordings are admissible in evidence 

5) court can direct locker be opened 

6) wife will take execution proceedings if you dont pay maintenance as per court orders

7) your apartment can be attached by court 

8) police cannot force your parents . even if their names are added in FIR for 498A / 506/ 406 they can obtain anticipatory bail .contest case on merits 

9) wife has to produce bills for purchase of jewellery by her / her parents . you have to in your statement recorded before police deny that any jewellery is with you . similarly your parents statement would be recorded .

10) litigation fees vary . we cannot say how much lawyer will charge you to obtain AB for parents .  
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
1. Since the name of your parents are already there the Police cna not worsen it anymore.So ignore their threat. The parents can not force the child to surrender beofre court.
2. Yes, do apply for bail of your parents first. Once that is done the nuisance of Police will end.
3. Then you can also apply for anticipatory bail. The cost of bail differs from lawyer to lawyer. Rs. 25,000/- should be reasonable enough.
4. Bail amount is hardly refunded as no actual amount is submitted. Only the bond of such amount is furnished. The amount need not be submitted.
Devajyoti Barman
Advocate, Kolkata
5157 Answers
54 Consultations
4.9 on 5.0
Dear Querist
My opinion on your queries are as under:

 Are the IPC codes for the criminal complaint above she made for 498a/406/506?
Opinion: Yes, apart from the above section 34 of IPC will also be included with section 323 of IPC

- In DV case I have not received summons but the case is now in TRIAL stage(saw case status online) without me receiving any summons in USA by postal service. I got one email from protection officer to attend inquiry but I ignored because the email id used was gmail and also there was no stamp on that scanned copy to email. How can the case go to TRIAL without respondent receiving the summons?
Opinion: the trial can be start without respondent if court proceed them as ex-party due to non service of summon after done all the procedure for summoning.

-  Once during initial stages of separation there was a group conference call with my wife's father to resolve the issue in which he provoked me to speak something which is not true out of anger but if considered valid proof can be against me(just one or two sentences). We came to know he recorded the call. Is the audio recording with 3 people on call and where I am provoked to speak something bad can be used as evidence by him?
Opinion: it may be possible, as per section 65B of Indian evidence Act all electronic and digital evidence can be accepted by after complete verification.


- My wife and I share a bank locker in India which my wife freezed in my absence. She is telling to police that her jewellery is inside that locker and I can be booked for 406 for that. I never opened the locker after dispute and she is the one who freezed it as she lost the key and being afraid I may open  it. Can she get a police or court order to open the locker in my absence if I do not come to India for long? (lets say Proclaimed offender case in worst case scenario for not attending court for long in the hypothetical trial in future)
Opinion: Yes, she may file an application for opening the locker before the court and if you are not appear before the court for your defense then the court may pass an order.

- In DV case she asked for maintenance. If court gives exparte order and if the court awards her some money. How can they enforce on me living in USA? Do they seize my apartment or bank accounts in India to recover that amount and pay her?
Opinion: yes, the court may pass an order for attachement of your property and bank account and recover the same for her against the maintenance order.


- The police is threatening my parents that if they do not make me come to India, they will add their name in FIR for 498a/406/506. The locker is solely owned by me and my wife and my parents never even came to that bank. But my parents are getting harassed. How can we convince police that they are not involved in this matter? Plus the locker was freezed on her request only.
Opinion: In these type of cases the parents can be harassed but not arrested by any means until and unless their role in the offence is not very serious.

- We did not take any dowry. Also her parents gave her some jewellery gifts which we did not take from her. It was with her only.  There is no written proof also that we took anything. Some of her items may be in that locker along with my items. She is showing proof of marriage photos to prove her jewellery. But how does that prove that the jewellery is still with us?
Opinion: It is matter of trail and first of all it is her duty to prove her case to convict you if she is not able to prove the case without reasonable doubt then you may get acquittal.

- I am thinking of applying anticipatory bail to my parents. My brother is currently studying in USA. I want to apply to my brother and me later when we plan to visit India. In chennai, what is the cost of anticipatory bail vs regular bail? Will the bail amount be refunded after the charge is quashed or dismissed during trial?
Opinion: Anticipatory can be filed and the amount is depend on lawyers,
bail amount will be refund after quashing or discharge or acquittal order.

Feel Free to call 
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. The case filed by her is within the realm of sections mentioned by you.

2. The courts in India now commonly send summons through email if the defendant is resident outside India. You should have taken the appropriate steps to contest the case after you received the notice from protection officer. It seems that your right to defence has been foreclosed due to dishonour of summons, as a corollary whereto you should apply to the appropriate court to restore your defence.

3. An audio recording can always be and is used as evidence in the court.

4. Even without you being declared a proclaimed offender the court can order the opening of the locker.

5. You can be brought to India through the intervention of High Court by way of appropriate directions to Indian High Commission in US to execute the court order. Your movable and immovable assets in India can be realized towards the payment of the amount you are held liable for.

6. You are aggravating the matters for yourself and your parents by evading the courts. Apply for anticipatory bail and then contest the case on merits. Your parents should also do that without further loss of time.

7. Look the cost of any case in India as in US is the fee of your lawyer but the fee structure of lawyers is not uniform anywhere in the world. There is no bail amount, so the question of refund does not arise.  

Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
5.0 on 5.0
Q. Once during initial stages of separation there was a group conference call with my wife's father to resolve the issue in which he provoked me to speak something which is not true out of anger but if considered valid proof can be against me

A. any statement given during conciliation proceeding it is protected under evidence act sec 136, because law wants to give room for settlement of issue amicably and no party can use these statement for any other proceedings.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Q.  Can she get a police or court order to open the locker in my absence if I do not come to India for long?

A. send a letter to the branch manager for not no open the locker in your absence. manager is bound to obey. 

Q. The police is threatening my parents that if they do not make me come to India, they will add their name in FIR for 498a/406/506. 

A. file a mandamus writ for seeking order of the court for not to take any coercive action against your parents ( parents should file this writ) then no police and court can pass or take any coercive action. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1. Yes, we always apply for bail on the basis of the copy.
2. Bail is required to be obtained only from Chennai court.
3. It is the duty of an accused to attend the police station for inquiry. Old age does not give any exemption. It is but obvious that the accused will have to bear the expenses incurred on undertaking the journey. Arrest can ensue if the protective cover of bail has not been obtained.
4. It is not hypothetical that you can be extradited or brought to India on a warrant of arrest. So if you do not keep any assets in India then a warrant to arrest will issue.
5. No. 
Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
5.0 on 5.0
1) onl after FIR is lodged an your parents apply for AB 

2) your parents should attend police station and have their statement recorded 

3) your patents need not fear of being arrested at this stage 

4) if your parents refuse to attend local police station for further investigations it would affect their case 

5) jewellery is in joint locker standing in your nane and that of wife . You cannot be liable under section 406 of IPC 
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
Q. Is a copy of "Police Notice" received by parents from police to attend inquiry is sufficient to apply Anticipatory Bail? 

A. AB is not applicable for appearance before police during investigation. This is notice under section 161 crpc. your mother should not attend police station because no woman can call  for appear before police officer u/s 161 crpc. police is bound to record her statement at her residence.  
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Q. My parents live in Hyderabad but my wife filed the police complaint in chennai where they are living.

A. you should file a case before the supreme court for transfer of case to any other district which is in near to Hyderabad on the ground that if they attend Chennai court their life may be threatened. then you also compel your wife to face some pain for filing false case. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
How can the case go to TRIAL without respondent receiving the summons?

The notice issued through mail shall be a sufficient proof for having served you with summons, you may be set exparte and the cse will go against you if you are set exparte, so better be alert on the subject.






Is the audio recording with 3 people on call and where I am provoked to speak something bad can be used as evidence by him?

This may not be an admissible evidence in the court of law.






 Can she get a police or court order to open the locker in my absence if I do not come to India for long? (lets say Proclaimed offender case in worst case scenario for not attending court for long in the hypothetical trial in future)

She can seek the help of court by filing a petition seeking permission to operate the jointly held locker owing to the absence of the respondent before court for a long time provided the bankers do not cooperate with her 





How can they enforce on me living in USA? Do they seize my apartment or bank accounts in India to recover that amount and pay her?

She may try to create a charge over the property for recovering the arrears of maintenance amount through the district collector with the help of an order by the court in this regard.






But my parents are getting harassed. How can we convince police that they are not involved in this matter? Plus the locker was freezed on her request only.

You cannot do anything this way sitting in a foreign country.  Also police have no business to interfere in it, their duty is to file a charge sheet and send it to the court after completing the investigations.





But how does that prove that the jewellery is still with us?

The burden of proof lies on her, let she prove it, you can then challenge the same as per law.






There is no cost involved in getting bail or AB from court.  It is the lawyer's fee what you actually refer. 
The lawyer who collected the money for your bail shall not be responsible or liable to refund the same whether you are acquitted or convicted
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
 Can my parents be arrested for non co-operation because of this?

Law is different from what your thinking is.  All these what you have stated is okay for you and not maintainable as per law.  The police need not show any lenience if your father does not cooperate.





s it is not in local police station, my parents are tensed as its hard to get information about whats happening in chennai police station. How to deal with this?

You may have to engage an advocate in Chennai too.






The problem is my parents are in fear of arrest although no evidence against them but every week they receive a call from woman station SI which makes them tensed. 

You can engage a lawyer in Chennai and apply for AB for all of them. at Chennai.





T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1.Yes and all the accused should now avail  anticipatory bail immediately and then contest the case fittingly,

2. You should not take the risk by interpreting the law in your way. Your logic may be or may not be accepted by the Court and if not accepted then the trail will continue in your absence. there is no legal necessity to take this step,

3. The said audio recording will be accepted as valid electronic evidence by the Court. Content of your comment is required to be known for further advising you in to this matter, 

4. If you have never opened the Bank locker, there is no chance of your being booked under section 406 of IPC. Bank maintains a register to record the details of operation of its lockers. For opening the locker, is there a mandate that both of you shall have to appear? Normally, any one of you can operate. You can either block her operating the locker through Court order or withdraw yourself from it,

5.  If you are still a citizen of India, then the Order of the Indian Court is applicable on you and the Court can force you through local Indian consulate to return to India or even impound your passport,

6. Ask your parents to avail AB immediately since complaint u/s498A etc. has already been lodged against them,

7. Yes, as per the complaint, police will appear at your house at India and search for her said streedhan and it is her responsibility to prove that her articles are with you,

8. Apply for AB immediately for all the accused separately. The cost varies from place to place and lawyer to lawyer. It may be  Rs.20 K for each accused.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. There will be no arrest against the said complaint due to the Supreme Court order directing the police not to make any arrest against 498A complaint without conducting an investigation. Ask your parents to attend the investigation first at any cost. No AB application can be filed without FIR been registered and police will either register FIR or discard  the complaint after conducting investigation for which your parents should attend the investigation,

2. It is strange. Chennai police station has no jurisdiction to investigate in to the complaint of an incidence if that has taken place at Hyderabad or any other place. It is a criminal case and the police station of the area where the incidence has reported to have taken place only has the jurisdiction to investigate in to the matter,

3. A already suggested in my earlier post, your parents should co-operate with the IO. At least send  a lawyer to represent your parents  in the investigation conducted by the IO to understand what complaint has been lodged against all of you,

4. Court is above Bank officials in exercising authority. So, if the Court passes order in her favour,to operate the locker, then the Bank shall be bound to comply with the said order,

5. The Court may pass an extradition order and/or impound your passport,

6. She has to prove it that you are liable for actions u/s406.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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