498a false case
PA S RAJ
(Querist) 18 July 2012
This query is : Resolved
A false case under 498a, 406,506 and 4 of TNHW. My son is in USA. He is green card holder. After marriage on 20 May2009and left to Chennai on 24th for visa stamp at UK & USA embassy. They were staying in Chandra PARK hotel at Egmore in order to attend to her elder brother marriage which was on 1 Jun2009. She left India with my son to USA on early morning of 6th Jun2009. Stayed with him till Sep2011and left to her father's working place in UK. Now she has filed false 498a in India on 19 Jun 2012. We are on bail and my son is in USA whose AB is yet to be applied. In the process of delay in obtaining his AB, the police may declare look out notice .In that condition he may not be in a position to visit India. If so, will Indian embassy can take action to cancel / hold his passport or incase his passport is due for renewal will they impound his .In that case his whole job and life will be ruined. What are the legal formalities? How to solve his problem to safe guard his valid passport from canceled by embassy at USA? Kindly advise me what course of action is to be taken by my son at USA / or in India by me. Any suggestion to come out of this through proper legal way as per our law of land.
Thanks
RAJ
ajay sethi
(Expert) 18 July 2012
if you have a good case on merits let your son come to india and apply for AB . if you dont come to india you may be declared a proclaimed offender and red corner notice be issued .
best is to come to india apply for AB and seek exemption for further appearance
Raj Kumar Makkad
(Expert) 18 July 2012
You are already on bail and there is no major hurdle to get the same order for your son subject to he comes to India and face the trial. You cannot help from India without his coming here as his career may be at danger as you already anticipated so instead of facing that verse condition, it is good go come to India and face Indian courts as per law.
