Kabir Pandit (Designation) 17 July 2016

498a

I filed a divorce petition in Feb, 2016. The notice was delivered to my wife in April, 2016 and they were asked to appear in court in May, 2016. Wife's side took an extention for 2 months and filed for 498A against me and my parents by end of May, 2016.

I am an NRI, so are my parents. However, my mother is in India for some time due to some work. She got a call from women cell asking her to come over. She said there is no summon, actually the in-laws side played the game and didn't get the summon delivered. Finally my mother applied in RTI and got the summon.

So far she has recieved the stridhan list and the compalint from my wife. She has attended 3 mediation sessions in which the IO and the in-laws are repeatdely asking her to call me to India for a meeting. They will have another meeting in a week's time. I have prepared all the answered to the false complain made by my wife and denied all charges, and sent the copy by courier to her to be submitted in the next meeting.

The pressing questions

1) do I have really to go for these meeings ?
2) is there an way to avoid or by pass these mediations ?
3) I cannot get a leave off work at the moment and I also cannot disclose my divorce news at work, what should I do ?
4) can the in-laws force me back ? they said they will file an FIR
5) As I mentioned 3 meetings have already happened and my mother has confidently handled it on her and my behave. I can only go possibly in September or October, 2016.

I am really concerned about my safety as well, as the in-laws bring some extra 4-5 people with them who are not our family members and they have intervened few times in the last meetings...plus my father in-laws passes threat remarks to my cousin who has been going with my mom to these meetings. Very soon my dad will take leave and attend these meetings too, but do I have to go to these meetings? Is it that compulsory and mandatory ?

Please advise and guide me

Kabir

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4 Replies

Be Brave 18 July 2016

Insistence of your in-laws and IO for your presence in India does not inspire confidence and might indeed be a trap. Since your mother has already attended 3 sessions confidently, you could put in writing that you are ready to join mediation session via video conference such as skype etc., for which a laptop with a data package would be sufficient. There are many judgements of the various High Courts and the Supreme Court of India allowing video conferencing via laptop for various reaons and purposes including mediation sessions.

Vibha 18 July 2016

CAW meetings are a trap to just harass you. They are not mandatory. It is good that your mother has attended 3 meetings. No need to attend more by anyone.
Submit a statement as advised by Be Brave and also specifically deny all points in her complaint.
Once case moves to further stages you may have to cooperate with police investigation and spend some time in India. This is after FIR. Provide your address to police and ask them to serve notice to you with due process if needed. Nowadays NRI harassment in 498a has become fairly minimal but a lot depends on the case, the city where case is filed and the extent to which you in laws can bribe police.

Vijay Raj Mahajan (Advocate) 18 July 2016

You are ready with the reply that you should send to the Police IO. Your mother can tell the IO that you can be present in person in the month of September/October for meeting but you can be investigated through Skype or phone for any clarifications now. The court in India have even now allowed the use of Skype for recording evidence in the court for the person who are living in foreign country and cannot undertake travelling to India at that time.

The divorce matter was filled before they filed the complaint under section 498A etc. IPC with the police, this fact is in the knowledge of the police and it will not register the FIR unless you do not cooperate with them. The FIR registering in such matrimonial cases have been refused in most cases as there is hardly any criminality involved in such marital dispute and complaint to police is made just for the purpose of harassing the husband side, this fact is well known to Police department and Courts in India. The Supreme Court has given instructions to the police department to move forward with reconciliation/mediation process in such cases and make both parties agree for compromise either to live together or to dissolve the marriage by mutual consent after settlement of alimony amount, child custody and joint property issued amicably. So is going on in your case too.

Born Fighter (xxx) 21 July 2016

Dont give much importance to CAW, when i say that i mean do not get under pressure with what gets discussed or demanded in these meetings.

Your mother appears to be confident and tell her to not participate in the meetings if there are threats or pressure from unwanted people who hijack the discussions from ur inlaws side.

Remember, if you fear the opposite party will harass you more !