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Pavan Varma   22 February 2018

Can a 498a secondary accused attend b1 visa renewal interview ?

           A false 498A case was filed on my cousin 3 years ago who stays in Australia and who is the only bread earner of the family with a cancer father and dumb & deaf sister. His wife hardly stayed with him for 15 days after marriage and went back to her parent’s home when my cousin left back to Australia for job.

          My cousin told me his wife never shown interest in joining him at Australia but rather demanded him to send more and more money saying she is preparing for Australia visit after her IELTS exam which she told she appeared for 4 times for getting good score but happened to attend only once (known from ielts website) on asking She revealed that she dropped out from Engineering college and never got her degree for which she may not be eligible to study or work in Australia even though she get good score in IELTS so haven't wrote it. My cousin cried explaining many of such things over call with me (all this happened 4 years ago few months after their wedding)

         However 3 years ago my parents and other elderly members of our family went to bride's home for counseling her to go to Australia both she and her parents fired at everyone and filed a false 498A case on my cousin, his parents and even on my father and others 

         My cousin's father who is secondary accused could hardly speak due to his illness was falsely charged for harassing his daughter-in-law died last year with ill health and tensions for his son's condition. Now even after 1 year of his father's death my cousin is unable to visit India fearing to get arrested in India and losing his job there in Australia without which his family has no other source of income. 

         Finally coming to my question. My father is also struck in this case as a secondary accused who has no blood relation with the Primary accused ( who is my mother's elder sister's son) is fearing to attend for his B1 visa renewal from 2 years waiting for this never ending case to be resolved as he is on a Anticipatory Bail now. 

      Can anyone suggest if there is a way to at least take out my father's name from this case without prime accused attending the hearings or even disturbing the actual case? We badly need my parents in USA to take care of my father’s health as both me and my sister cannot visit India often and can’t stay more than 2 weeks a year to look after my parents.



Learning

 7 Replies

anubhav Bhatt   22 February 2018

Dear client better if you contact us then I will elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

Vijay Raj Mahajan (Advocate)     22 February 2018

Best course for you is to seek quashing the FIR against the father from the High Court on the ground that you have mentioned here. The High Court will definately quash FIR against the co-accused like your father who is not even blood relationship nor living in the family which is involved in the criminal complaint u/s 498A IPC. The court judgments are there where the charges u/s 498A IPC made against relatives not in blood relationship and not in direct contact with the family, the charges against them can be quashed by the High Court.

For detailed case discussion and legal consultancy you can engage by services.My details can be checked in my profile here.

vijaymahajan5758@gmail.com 

Kumar Doab (FIN)     22 February 2018

You have explained the clear facts in query.

Approach jurisdictional HC thru a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Criminal matters and having successful track record…

Explain the facts e.g. concealment from spouse and family, having dropped from college, asking money or courses etc etc to a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record…..and contest the matter on merits.

 

 

 

P. Venu (Advocate)     23 February 2018

Yes, the remedy lies in approaching the High Court under the provisions of Section 482 CrPC,

Pavan Varma   26 February 2018

Thanks a ton for all the responses. I really appreciate your gesture in replying to my query.  Since we stay in Visakhapatnam and the case is filed in Hyderabad, We are planning to approach a lawer in Hyderabad and seek for quash at High Court. I will update this forum accordingly.

 It will be great help if anyone can suggest us contacts of any lawer in hyderabad who is good dealing cases like this. 

Kumar Doab (FIN)     27 February 2018

Check in person for a very able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having successful track record in such matters and……………….worth his/her salt..

This is the best you can do.

GO thru decided/contested case at HC website…

 

 

 

 

 

 

Kumar Doab (FIN)     27 February 2018

If you wish to search in LCI databank;

https://www.lawyersclubindia.com/lawyers_search/


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