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498a

(Querist) 28 February 2012 This query is : Resolved 
Dear sir,

I am staying in middle east,
My wife was filed a false 498a case against me and my family in Andhra Pradesh, police arrested my family members and they have taken bail. Proceedings are going on in court. Mean while we are getting some thretending calls from some local roudi sheeters. How ever my lawyer is saying that my wife side people are ready for settlement you have to compulssory come to india to lift the case against you (498a). But at present my position is critical i cannot go back to india because i have taken loans from bank to repay the settlement amount. Could you please suggest me how to proceed in the present situation. How can i come out of this problems without coming back to india.
Raj Kumar Makkad (Expert) 28 February 2012
As the case is already before the court and your family members are on bail so despite of good gesture of your wife to settle entire issues, court shall secure your presence and thereafter can execute the settlement so there is no short cut and you are required to come present before the court.
Sankaranarayanan (Expert) 28 February 2012
Without attend the trail the case can't come to end. Even your wife's side willing to come for settlement ur present is must
Sanjeev (Expert) 28 February 2012
If the settlement fails your passport may be impounded by court and you may not be able to return.
Shantilal Pandya (Expert) 28 February 2012
your wife can withdraw from prosecution in your absence if it is so settled, you can get acquittal and the written settlement can be signed by your attorney , you may be exempted from appearance by the court. if the case is withdrawn or no evidence against you is forthcoming your presence is not necessary for ending the case of course you must be represented by a lawyer to do all these things for you
V R SHROFF (Expert) 28 February 2012
They may not settle. Only call you back to India & open their mouth wider and wider, Impound your passport also.

This is no less than Blackmail.
Marriage Laws need Revision.



R.K Nanda (Expert) 29 February 2012


Dear Client,
You will have to come to India to settle ur
case.
Please feel free, if you require more advise, then contact me on Mobile Via Path Legal.

All the Best.

R.K.NANDA - ADVOCATE
DELHI HIGH COURT & SUPREME COURT OF INDIA



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