498 foreign wife
Querist :
Anonymous
(Querist) 04 November 2023
This query is : Resolved
We both Foreign nationals got married in India. After divorce in USA she flew to india and filed 498 . Apparently all the accusations and proofs she filed are related to USA . She is not residing in India, She comes to india every 6 months attends once she submitted USA proofs all related to case like messages between us , police complaint she made but no action taken by police . how are things done in USA applicable in India in terms of 498 when both are non indians. Please advise how can we stop this fake case
kavksatyanarayana
(Expert) 04 November 2023
Both are foreigners and no incident happened in India, they cannot file a case in India.
Querist :
Anonymous
(Querist) 05 November 2023
apparently she filed and case has started. What are actions or references i need to speak to lawyer
Dr. J C Vashista
(Expert) 05 November 2023
What case has been filed ?
Is there any FIR ?
Case under section 498A of the Indian Penal Code,1860 mandates for counselling before registration of FIR.
Otherwise, you cannot be tried in Indian Courts.
It is better to seek professional services of a local prudent lawyer.
Sudhir Kumar, Advocate
(Expert) 07 November 2023
has any alleged event been stated to have impacted in India (even if occurred in USA)?
T. Kalaiselvan, Advocate
(Expert) 08 November 2023
If she is not residing in India and has no permanent residence in India, then there is no reason for her to file a criminal complaint against a non resident and for the incidents that took place in a foreign soil because of the fact neither she is Indian nor she resides in India, besides the marriage was dissolved by a court in USA, hence this after thought revenge case is not maintainable
