• Mother of foreign citizen help up in India on a false 498a case.

My mother is a foreign citizen and was visiting her family in India. My ex-wife filed a false 498a case against her, my father and me. My father and I are still abroad but my mother is stuck in India. It went to session court and at present it is in high court in Haryana.
We have filed for passport release and quashing of the case but we are not sure if we have any competent lawyers. 
1)Its been six months and and the police has not submitted any investigation and do not know if they ever will , does that mean she will be stuck in India forever??
2) Is there anything that can be done to fast track the process?
3) We are Bahraini citizens and the embassy sent a letter to both the courts to expedite the process but it has not yielded anything. 
4) Our lawyer initially said we had a good case since we provided documentation that we paid for her trips to Bahrain and her U.S visa which got rejected twice. She said that we wanted a car from her when we do not live in India, also she claimed she was harassed in Bahrain which is false and we provided documentation stating how many times she visited Bahrain. They do not have any evidence as they have made this up to extort us. Our lawyer is only concerned about a settlement as that is the only way he can make more money. Are there any competent lawyers in Chandigarh to get her passport released as I heard from other lawyers it is possible to get an emergency hearing but honestly after 3 lawyers its hard to trust anyone. Is there hope to quash the false case ?
Asked 1 month ago in Family Law from United States
Religion: Muslim
1) quashing is to be done only in exceptional circumstances 

2) if allegations made in FIR di not disclose commission of any offence FIR can be quashed 

3) since courts in India are overburdened investigations take time 

4) your mother can with court permission travel abroad 

5) you would get relief from HC . Since 498A cases take between 5 to 10 years to be disposed of court woukd grant mother permission to travel abroad with undertaking that she would remain present as and when required during trial 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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1. Unless your mother is released on bail or her passport is released she will be stuck in India for sure. if bail has been granted by the court then she may apply to the court to release her passport. Any flaw in your legal strategy will spell doom. Even if you have applied for quashing it does not prevent you from applying for the release of her passport. Punjab and Haryana High Court at Chandigarh is among 5 or 6 prominent and prestigious High Courts in India where there is no dearth of competent lawyers. 

2. The courts in India will consign to dustbin the letters from embassies of other countries, just as courts outside India will treat with contempt any letter from Indian embassy. This doesn't work, so don't pin any hopes on this.

3. I cannot make any comment on the prospects of the case as I have not perused the FIR and the material that you rely on for your innocence.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
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The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed", the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved.
Mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding. High Court is empowered to quash a criminal proceeding where it is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. The Courts are also empowered to quash in case where the allegations in the FIR even if taken at their face value do not satisfy the ingredients of offence complained therein.
 498A is a cognizable offence,is non bailable and non-compoundable .So the courts are allowing the withdrawal of the case when the parties agree to reconcile or settle case.
The FIRs in most cases are a pack of lies and people think, that by approaching the High Court with a quash petition, the HC will run through the petition and a quash order will follow. 
High Court can exercise its powers to quash a petition: -
1. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
2. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a noncognizable offence, no investigation is permitted by a police office without an order of a Magistrate as contemplated under Section 155(2) of the Code.
5. Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

So please do understand that quashing is to be done only in exceptional circumstances.

Even though your mother can travel abroad with permission of court. Other wise she will stuck in India. Thats why your lawyers persuade to settle the matter amicably.Other wise you have to apply for speedy disposal of the case by moving petition before high court.  
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Unless your mother is released on bail or her passport is released she will be stuck in India for sure. if bail has been granted by the court then she may apply to the court to release her passport. Any flaw in your legal strategy will spell doom. Even if you have applied for quashing it does not prevent you from applying for the release of her passport. Punjab and Haryana High Court at Chandigarh is among 5 or 6 prominent and prestigious High Courts in India where there is no dearth of competent lawyers. 

2. The courts in India will consign to dustbin the letters from embassies of other countries, just as courts outside India will treat with contempt any letter from Indian embassy. This doesn't work, so don't pin any hopes on this.

3. I cannot make any comment on the prospects of the case as I have not perused the FIR and the material that you rely on for your innocence
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
I am not sure how and by which order your mother is stcuk in India.
It appears she has got bail in 498A case and at the time of grant of bail the court may have put restrictions to deposit the passport with Police.
If that is so then there is nothing to worry.
File an application in high court u/s 439 crpc to relax the condition whereby the court would relax the condition and would allow your mother to travel abroad.
I thing you were not properly  advised whereby your mother was stuck for such an unusual long time.
In 498A cases detaining passport of mother in law is something which really unheard of.
Feel free to contact if you need my assistance in this.We have an impeccable track record in such matters. You can refer to my website www.acelegalfirm.com to find out more.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1.  Hope she has passport of the foreign country where she has the citizenship. Since she is not an Indian and the alleged cause of action arose out side India, the jurisdiction of indian court to try this matter and also to seize her passport. 

2. &3. She can file a Writ Petition before the High Court praying for a direction upon the Court lower to expedite the matter and dispose off  the case with in a fixed  time frame.

4. Your next job is to engage a sincere lawyer who will be interested to win the case for you and not for making any settlement.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) HC would grant your mother permission to travel abroad 

2) produce your  medical reports as sought by court 

3)don't withdraw case from HC now . Only if HC rejects application should your mother move SC 

4) you can from your lawyer obtain copies of documents filed in HC 

5) better contact some senior lawyer from HC to argue your  case in Chandigarh 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. If the bail has been granted then 439 is out of question. You could have moved only under 482 CrPc. The orders have to be perused.

2. You cannot move the SC bypassing the HC. The SC will send you back to HC.

3. You are free to consult any lawyer from this.portal.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
1. What was the prayer in the application filed u/s 482 of Cr.p.C. before the High court. Was the jurisdiction issue raised before the Court? 

2. After failing to get justice at the High Court, one can approach the Supreme Court.

3. Not some one but you yourself can apply for collecting certified copies of the documents of your case at the High Court.

4. Passport will be released by the Court and the lawyer guys can only rgue before the Court for you. You should change your lawyer if you have lost confidence on him.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1.  The quash petition filed before high court has to be followed up scrupulously through your lawyer. 
The court cannot impound passport especially that of a foreign citizen except the offence is very serious.
The matrimonial offences are routine in nature and mostly false, hence the court may be convinced accordingly.



2. No short cut method or fast track in high court.


3.  The Indian courts cannot be compelled by any foreign country embassy nor the court is bound by such dictates, it will function as per the judicial administrative system of India.



4.  If you find your lawyer is not cooperating you can change the lawyer but please remember that no lawyer can work as per your anxiety, you should analyse the practical situation before concluding about any lawyer.  You can very well change a lawyer if you have no confidence in this lawyer too.  
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1.  Once bail was granted by the sessions court there was no necessity to approach high court on the same subject, it will be infructuous. If the condition imposed by the sessions court is a matter of concern you could have moved high court with an appeal against it. For the present the application under section 482 before high court is a right action.



2.  Before exhausting the remedies in the lower court, a higher court cannot be approached, hence withdrawal and filing before supreme court is not legally tenable.




3.  You can yourself visit he high court office, request the clerk to confirm your query on this. 




4.  This is an open call in a public forum like this, which is not the correct way o approach a lawyer.  Instead you can approach any lawyer of your choice from this forum directly by satisfying yourself with their credentials  for engaging their services. 


T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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