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(Guest)

498a registered from nri bride in india by her father

Hi All,

 

Thanks for your responses in advance.

I am on work permit in USA and just little bit of family dispute and arguments lead to dowry case back in India by my in laws. My Mother in Law, Brother in law and my wife are now Canadian Citizen. Me and my wife were married in India and came to USA but as usual she tried to threat me and her parents were also threating me and my family to file dowry case or else give us money and let yourself to surrender before my wife for every decision she took. We then separated out and from past 8 months she works in Canda and staying with her mother and brother and i am in USA. She was working but never shared anything out of her salary instead asked me to give my whole salary onto her hand for expense and managing the home. When I resisted it turned out into fight.

My Father in law filed a 498a against ME, my father and mother and sister with the help of higher rank police officer without investigation and thrown my family mother and father back in India to jail and put allegation of beating my wife by my mother, sister and father and myself. Where as after marriage we hardly stayed in India as I have to come to US for continuing on my job. We just stayed for some days back in india and in those days we went to Mauritius as well. We lived very happily there.

We hired lawyers in India and finally my family got bail after spending lot of money and going through harrasments.

We have also session court date and have also filed quashing of case in high court but looks like high courts are closed till june 1 2014 for vacation.

My question is:

1. My father in law is threating now my family and me that he will he will bring me back from USA and will throw me in jail and will try to kill me as well.

2. He is asking for more that one crore to settle this down.

So, I am not sure what to do in this case. Is there any law which can get me back to India if so then how much time i have and what kind of report it can be. What can i do to protect my status in USa and my job.

What is the way to get her and her sh*t family off my and my parents  back



Learning

 12 Replies

Solomon Raju (Advocate High Court of A.P.)     04 June 2014

Dear Anonymous,

It seems you have earlier posed the same question. But this time you have posed a  new question that your father in law has challenged that he will bring you back to India. It is only a dream of your father in law that he will bring you back on his complaint. It is never possible to bring you back until you commit a big public fraud or terrorism activity....498A though serious offence under penal provisions, it is not possible for him to bring you back on this ground....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 June 2014

If your parents are in India then file FIR U/Ss -

 

383 IPC. Extortion.

 

406 IPC Criminal Breach of Trust.


506 IPC. Ciminal Intimidation.


34 IPC. Common Intention of Crime.

 

by your parents to her and in-laws and also flassh it to media.

 

File petition U/S 205 CrPC for exemption from personal appearance where 498A is going on by showing your job condition.

 

File speedy trial petition in High Court and submit that order to the trial court where 498A is going on and send them summon. Then they must come else the judge will issue arrest warrant against them.

 

Please take details from my post bellow link: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U49GF3bYVdg

Gautam Kapoor (IT professional Studying Law)     05 June 2014

yes this is a repeated query

https://www.lawyersclubindia.com/forum/My-wife-in-laws-settled-abroad-but-filed-498a-in-india-102860.asp#.U5AN7PmSyao

SURAJIT (Student)     05 June 2014

If u doubt you are in trouble take anticipatory bail and stay at US.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Repeated query on multple forums.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
1 Like

Biswanath Roy (Advocate)     05 June 2014

No Senior Expert lawyer will advice you so long you are ANONYMUS.  You are not a Pardahnashin woman to keep your identity under the veil.  Disclose your name first to get appropriate advice from the Seniors if you so desire..

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 June 2014

Also it is advisable that never come to India.

T. Kalaiselvan, Advocate (Advocate)     06 June 2014

Disclose your identity before posting your query.  also, you have repeated the query in different sections of this site, so wind up from repeating any more.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 June 2014

I disagree, unless you plan never ever to come to India, avoid coming to India. However, if you wish to come down to India at any stage of your life, you should plan now, get bail, take permission to go out and fight your case on merits.

 

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

(Guest)

Hi All,

I can have my name listed here but my name is so unique that my in laws can easily google it. And I don't want that they should know what I am upto and what kind of advice I am getting and what i am planning to do next.

I hope you guys can understand it and sensitivity of this issue!!! Thanks!!!!

I posted before but that was start of this problem and now this one is next to it. I will keep posting the updates.

 

Thanks!!!!!

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 June 2014

Mr. Anonymous.

 

Please register a FIR by your father/mother to her father's local police station against her and in-laws immediately under sections as follows: -

 



120A IPC Definition of criminal conspiracy

 

120B IPC Punishment of criminal conspiracy

 

383 IPC. Extortion.

 

406 IPC Criminal Breach of Trust.


506 IPC. Ciminal Intimidation.


34 IPC. Common Intention of Crime.

 

Also go for Speedy Trial, Quashing by both Criminal and Civil Writ petition in High Court by making your parents as petitioner. You can file these cases one after another in High Court.



1. My father in law is threating now my family and me that he will he will bring me back from USA and will throw me in jail and will try to kill me as well.

That is their dream. They can't bring you from USA.

2. He is asking for more that one crore to settle this down.

Please don't give them a single penny. Stay in USA and look for another good unmarried girl and start live-in relationship (Or marry secretly with US law). Please be brave and don't care about there threats.

So, I am not sure what to do in this case. Is there any law which can get me back to India if so then how much time i have and what kind of report it can be. What can i do to protect my status in USa and my job.

 

As advised, they can't bring you back.

What is the way to get her and her sh*t family off my and my parents  back.

 

Sure, as advised above, File Quashing and Speedy Trial and get off from 498A then bring your parents in US and enjoy.

 

Please follow my post in the following link for details: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U5kQTnam9dg


(Guest)

Thanks Sir Very Much. Will work on these ASAP...!!!!!


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