Manjit Shahi (N/a) 06 August 2011

FIR registered on IPC 498a 406 & 120b after divorce decree

Hi there, i filed my divorce in Canada & all the paperwork was served to my wife stating that it is a simple divorce & she had the right if she want to contest it in 30 days which she choose not to do.On 28th march, 2011 my divorce certificate is issued by Superior Court of Ontario Canada & on her father's false complaint Police made FIR against me for 498a, 406 420 & 120b. What is the law in India? She didnt fight her case in Canada or neither she made any writt on the divorce order their but with political pressure & with help of police they made FIR to make money from me. please help me with your suggestions. Thanks in Advance.....

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2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 11 August 2011

Well, if you were married in India, she is still an Indian Citizen and she has not contested the divorce proceedings, her 498-a would stand, as the divorce is not valid in India.

But this is very simplistic approach. A lot of facts need to be elaborated.

Need more details to answer your query.

Join 498a.org and get in touch with like minded people to come out of this mess.

Saurabh..V (Law Consultant) 11 August 2011

@Author

As rightly replied by @Shonee, place of solemnization of marriage important in your case. If you got married in India then divorce shall be taken and allowed only as per Indian Laws.

However, I would like to add that, if you are your wife were living in US for considerable time and werre citizens of US, then you could apply for divorce in US as well. No one would travel all the way to India for such matter (which tentatively takes more than 3-5yrs).

Moreover, if you never cohabited with your wife in India, then no 498a etc., could be registered in India. When all the alleged atrocities pertain to US, then such 498a complaint could be quashed by High Court readily. There is similar judgment by Hon'ble Justice S.N. Dhingra of Delhi High Court in year 2010.

//peace

/Saurabh..V