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AryaVrat (Executive)     27 July 2015

498a - abroad and stuck

All esteemed experts,

 

My wife has filed a 498a after 4 days I filed for nullification s it was a forced marriage by her inlaws and her and I have collected all evidences and gone to court. I am abroad and the police has filed that I am absconding before the sessions court before which the matter is due in mid next month. # days before that I have a date in HC under 482 petition where I have hired a noted HC lawyer{who is only appearing as my lawyers senior counsel for asking stay for just one hearing} for making argument who has charged heavily as his facevalue is quite high in courts. But I am afraid the police will mention it that I am not appearing for investigation and will cite lower court bail application that I am not available for investigation. I have read most experts view on 498a but mine is a bit different case as I am abroad.

 

1. What can be stated to get a stay on this matter, will it make any sense?

2. My lawyer who is handling the nullification cases both nullification says file a case in your home state cos the girl will not learn a lesson and she and her family are only harassing and only when you do something like her, she will come to her enses? is is correct way? I fear she might fie more cases in retaliation.

3. I have mails stating, 40 -50 mails where she has clearly stated that she is using this law to teach me a lessson.

4. 4 months have passed since I filed nullification but my lawyer is sitting on it, i have asked him to start the cae but everytime I call him, he says we should handle one thing at a time and get you stay and I fear if i fail to get stay in next high ourts hearing I will have to quit and come back as court had asked me to not to leave country in event of arrest but I was never summoned by police for arrest and was cooperating in investigation. So that itself makes sense that they didnt want to arrest me and also I didn't violate the bail clause.

 

Advise the best solution keeping in mind that I am abroad and have to look for my livlihood too. 



Learning

 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 July 2015

 

Please don’t come to India unless you have anticipatory bail. You are safe there.

 

Apply AB in session court or HC by showing the following citation. Any of your family members can file it U/S 438 CrPC and represent you before the court of law. Quashing petition at is stage is a misleading approach. Please don’t attend that. Let it be dismissed or you can withdraw it from HC.

 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41736

 

Forget about any MAT suit, look for a good unmarried girl and start leave-in relationship (Marry secretly without any proof).

 

Since you are a NRI these corrupted systems will always try to extort you. Please don’t listen to them. Be the solution rather depending on anybody.

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     28 July 2015

Mr.Arya vrat,

As 498A is a criminal case at some point of time U have to attend the proceedings,unless UR nullification and quash petitions favour U.Don't be complacent as 498A is cognizable and non compoundable.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 July 2015

As per your PM I am attaching the citation.


Attached File : 238522 20150730151706 75990916 citation.pdf downloaded: 109 times

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