Harrasment in US
Guest
(Querist) 28 June 2011
This query is : Resolved
Respected Members of LCI,
I am a really troubled man. My wife has given me a very hard time after 3 years of our marriage. We were incompatible hence I told her that we better separate. There were regular fites in 3 yrs of painful life.Wife attitude and her greed for money not even caring for her husband has lead to the misery. She was just interested in money spending lavishly. I am a techie and build my career after 4.5 yrs of stay here of which my 3 yrs were wasted by that women. She took money and sent it to her parents account. I had opened an account in her name and also a joint a/c. She used to regulary put money to her parents a/c. These beggars have even bought a plot and a flat out of my earnings on loan. All my earnings have been looted by goons. When I discovered this there was abig fite nd she left me stating u ll ve to pay 4 this. I will wipe u completely 4m US and destry u nd ur family. My family never had anything in this.They are in India.We visted only 1ce in India 4 vacation for 25 days. thats it. She took away all my savings and my blind faith in her lead to this situation. She went to india and ha sfiled false cases of DV, Dowry and 498A on me and my family. Shes really ruined us from society. She has prayed for hefty maintenance and asking 4 me to buy her a Mansion in Hyderabad. I am sucked up completely. Shes not stopped at that she has written some false story to Indian Embassy here. i am really worried. i am an Indian citizen and Indian embassy is threatening action against me. Kindly let me know I am in foreign land for 4.5 years
1.Does Indian Embassy have right to take action against me here ?
2.Can they book me under false DV/498A/Dowry case filed by my wife ?
3. Can they take legal action against me in US for fake DV case ?
4. Do they have right to ask my employer for my salary ? My employer said that they have recieved a letter 4m Idian embassy ststing that there is a case against me in india and his wife has alleged DV against me. With regards to that they need to know my salary.
I was shocked since tis happened all of a sudden. I was served with summons here. I did not have any clue as to what this women was upto.
5. What are the Powers of Indian Embassy in US if they have to do something against me ?
6. Can a wife be favoured by Indian Embassy just based on her false allegations as one of her prayers is that i shud be brought bak to India for trial criminal proccedings.
7. What legal action can i take against Indian Embassy as I think they have crossed jurisdiction by approaching my employer. Am not sure if they can do so.
8. i am yet to appoint a lawyer and our case hearing has not yet started.
9. Even be4 any hearing can indian embassy take action against me and try to deport me back to India ? since they have already contacted my employer
10. In case if there is a court order in future then what is the role of Indian embassy ?
11. How do I file for divorce ? I do not need such a wife who has ruined my life.
12.I have been advised that if I fly to India I would be arrested at Airport with passport seized. Is this possible ? I was further told that there could be RCN/LOC against me in India with police waiting to jail me.
I am an innocent man I have very old parents in India and 2 younger sisters to look after.
I am really distressed. Indian embassy is harrasing me without hearing my side of story. It looks as if they are in India and doing all Gundaraaj here in foreign land.
Request the forum members and renowned lawyers to kindly bail me out of this situation. I am completely broken down.
Pls help.
Regards
Nagendra Reddy
Kiran Kumar
(Expert) 28 June 2011
Section 3. Punishment of offences committed beyond, but which by law may be tried within, India
Any person liable, by any 1(Indian law) to be tried for an offence committed beyond 2(India) shall be dealt with according to the provisions of this Code for any act committed beyond 2(India) in the same manner as if such act had been committed within 3[India].
4. Extension of Code to extra-territorial offences
1[4. Extension of Code to extra-territorial offences.
The provisions of this Code apply also to any offence committed by
2[(1) Any citizen of India in any place without and beyond India;
(2) Any person on any ship of aircraft registered in India wherever it may be.]
Explanation. -In this section the word "offence" includes every act committed outside 3[India] which, If committed in 3[India], would be punishable under this code.
4[Illustration]
5[*** A, 6[who is 7[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 3[India] in which he may be found.
above the two provisions of Indian Penal Code which affect you, it is advisable not to delay the matter and appoint your advocate there in US....by approaching your employer the embassy seems to have exceeded its limits....
Guest
(Querist) 28 June 2011
Tarun Sir, I have PM'd you my mail Id.
Thanks Kiran Kumar Sir for your valuable advise.
If I take legal action against the embassy then can they make my life difficult here by keeping a grudge against me so that they can subject me to further torture by mis using their political powers in MEA in India and Govt in foreign land ?
Can they approach the US Govt stating false case and cancel my stay here ?
Am really worried as it would ruin my life which was build with hard work all these years.
prabhakar singh
(Expert) 28 June 2011
I 2 agree with Expert : Kiran Kumar .
Guest
(Querist) 28 June 2011
Respected Sirs,
I contacted a lawyer and he said that what Indian Embassy has done is overstepped into the matter and that they are trying to be naughty.
My question to the experts is Can I take action against the Indian Embassy from Indian Court. Now that I have managed to get copy of letter as evidence against their unjust act ?
Guest
(Querist) 28 June 2011
Dear Experts
Is there anyway I can legally produce a document to US court that in India just on the basis of a false 498A case a warrant can be issued and the respondent be jailed without questioning by police. This happens a one sided affair based on a complain by a women and a husband is jailed and can also be arrested at airport without proper investigation with seizure of passport.It can immensely help me with representation in US court.
Please help me.
