• 498 against me and my family

Hi Sir/Madam,
This is Chandrakanth. I got married in 2011 and troubles cropped soon after marriage. I stayed away from my widowed mom to save my marriage but we eventually fell out in 2013. I got vexed with life and came to US to study. They filed 498 against my mom and uncles. My mom was arrested and was in polcie custody for 2 days. They filed divorce case too. Now they are trying to file Ex party divorce and they want to keep to me away from my mom and India. They would not drop the false charges.
This friday the divorce case would be up for hearing. what should I do now. I am happy to get the divorce but how to handle 498 case? I have no intensions of marriage but want its hurting that I cant visit my mom ..
Please help
Asked 7 months ago in Criminal Law from United States
Religion: Hindu
1. One cannot file for ex party divorce. Ex party order will be passed by the court only if the defendant or his lawyer does not appear on summons before the court. So if you wish to avoid ex parte proceedings then engage a lawyer to contest the case once you receive the summons. 

2. 498A has to be contested on merits in the court. Unless the FIR is perused threadbare nothing can be said.

3. Who is stopping you from visiting your mom?
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) what are allegations made by wife in divorce case? 

2) is she demanding alimony ?

3) you ought to have filed reply denying allegations made in divorce petition 

4) as far as 498A case is concerned come down to India and apply for AB 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
1) you  ought to have in divorce case  denied allegations regarding dowry harassment and physical abuse. 

2) you can obtain AB in 498 A case and with court permission  travel abroad for  work purposes
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
Do not worry. Come to Indian and seek anticipatory bail. Unless they produce any medical report to establish physical torture  there is no reason the bail would be rejected.
In 498A cases submission of passport is no more needed and hence there should not be any trouble for you to get back to USA.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
Hi
You will have to defend the matter in divorce ├žourt.
Since you  also want divorce.initiate a mediation in the court.
Your lawyer should ask for a mediation when you can be present.
Once you agree for a settlement withyour wife,with her   supporting mutual affidavit you can get the FIR against your mom and uncles  quashed in the high Court. When parties end their dispute on mutual consent divorce high Court accept the plea of quashing the FIR

This can be done when you discuss a consent term in the divorce court.
Divorce case will drag as long as you stay away.if there no FIR against you visit India and try for a settlement. If an FIR,first get anticipatory bail then come down.
If there is no way to end it amicably
Merit of your case depends on the allegations in the divorce petition and the statements in the 498A chargesheet and how she will prove those.
You have the options either defend it fiercely or make a settlement and end it with a mutual consent.this your lawyer should negotiate with their and make a move in the court.
It is advisable to end it do whatever you can for that so that your mother is safe and you can be in US with peace.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Courts in India do not impose restraints on the right to leave India in 498A cases unless the case diary shows that the accused has been evading the courts. So if the case is filed then apply for anticipatory bail, and once you obtain it then contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Have you received the copy of the plaint of the divorce case filed against you?

2. Has she sought any compensation from you along with the decree of divorce?

3. You can negotiate with your wife to file a joint application for mutual consent divorce which will be settled with in 6 & 1/2 months from the date of its filing,

4. Your mother  shall have to contest the 498A case filed against her fittingly,

5. As a counter, she also can file a DV case against your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You shall have to contest the divorce petition fittingly,

2. There is no reason why your passport will be seized for your wife;s filing the divorce suit,

3. You can return to US after visiting India unless you commit a crime in India during your visit in India,

4. It is not a good idea to refuse to receive Summons. If Summons are refused to be received, it is treated as good service in the eyes of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
They filed divorce case too. Now they are trying to file Ex party divorce and they want to keep to me away from my mom and India. They would not drop the false charges.
This friday the divorce case would be up for hearing. what should I do now. I am happy to get the divorce but how to handle 498 case? I have no intensions of marriage but want its hurting that I cant visit my mom ..

There is no reason that they can stop you from visiting your mother. 
If there is any pending non-bailable warrant agaisnt you, it would be better to contact an advocate and get your warrant recalled first and then participate the trial proceedings, challenge the same through your advocate properly, get acquitted and then become free. 
It requires strong evidence to prove the charges of 498a hence you may sit and relax once you out on bail in this case. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1.Divorce allegations that I harassed for dowry and harassed physically.
2.she is not demanding any alimony. They want to trouble me and seize my passport if i go to India.
3.Can I back to US if I visit India?
4.We never took summons and sent them back.Our lawyer and my family were visiting the Court.Their names were in chargesheet


They cannot seize your passport, even the court has no power to seize your passport on such matrimonial disputes. 
The procedures laid down under section 10 of the passport act has to be followed to seize a citizen's passport. 
Once you have appeared in the criminal case you cannot leave the country permanently without the permission of court.
Not taking summons will not protect you.
You may have to get bail and then start appearing in the case to get relieved from the case.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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if you have evidence to prove that her complaint u/s 498 A is based on false grounds then you should contest this complaint. 

you can file a case under section 482 crpc for quashing of her complaint against your mother and other relatives. 

if you want to return india you should secure an order from the high court that lower court shall not initiate any coercive action against you. then no summon or warrant will be issued against you. thereafter you should return and record your statement in divorce case and immediately file an application u/s 205 crpc in 498 A case for dispensation from personal appearance in court.

then you will be require to file an undertaking that whenever your personal appearance is required by the court you'll be appear. your passport will not be impound by the court,. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
you should appear in the court for expedite hearing of divorce case. your statement is necessary for disposal of this case. you can seek protection order from the high court against issuance of warrant and impounding of passport. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Hi 
1) Case under 498A:  We need to know whether there is a non-bailable warrant pending against you. If you are not aware of the details, your advocate can get details of of any pending non bailable warrant and get the same withdrawn  either in Sessions court or at High Court. The court at the time of withdrawal will also grant you regular bail if a NBW is pending or if there is No NBW pending, you can get an Anticipatory bail / Regular Bail from the court. Till such time the NBW (if it is issued) exists or till such time you get an Anticipatory bail/regular bail, you should not come to india under any circumstances. If your advocate is not supporting you in getting any or all of the above, i think you should change your lawyer who is competent enough to get things done for you.  

2) Divorce Case- if your lawyer is attending the court, then it is fine. You can also grant a power of attorney to any of your family members who will regularly attend court proceedings. You will be required only at the time of evidence stage. So in order to ensure that there is no ex-parte decree, care should be taken to ensure that your lawyer or your family member is present in the court whenever the hearing is due. 
hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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