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498a in india and mutual consent divorce abroad


Hi,

I and my wife were separated for about 1.5years now and we are in the process of getting mutual consent divorce in UK. In the process of agreeing final settlement via solicitors, she flew to India about 4 weeks ago and filed an ill-founded 498a against me and family with the police. 498a is stating that I and family are demanding her dowry, despite the fact that my in-laws took about 50lakhs as hand loan, against property documents and the case is in Civil court for over 5months now. I wonder if we get mutual consent divorce in UK,

  • what will be the state of 498a in India. And what are my options to get rid of this.

Thanks, Raj

 
Reply   
 
Lawyer at Supreme Court of India

Sir, 

 

You have to contest the 498A and firstly get that case closed... Then go for anything further I would suggest. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

kapilchandnaadvocate.wordpress.com


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Your wife has gone rogue. Forget divorce. She is now in the clasp of Indian lawyers and she will be banging her head around Indian courts for next 5-7 years before she will come to her senses.

What you should do

1. Plan to not go to India for next 5-7 years. If you go, plan to stay for atleast 6 months.

2. Find a new girl, start living together and focus on life forward.

3. Don't focus on what your wife is doing. She is going down well traveled path that always leads to self destruction. You cannot do anything to stop her, you can only watch the drama. The Indian lawyers will suck her blood for few years and when all her money is over, they will give you easy divorce. Don't pay any settlement, any alimony. Just sit quiet and watch drama.


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 Well, she is Indian, got her Permenant Residence in UK on the grounds of getting divorce etc. and now working here on a full time employment. She only went to India for filing 498a. Appreciate your thoughts and quick responses!

  1. I sort of consented for mutual divorce in UK on the understanding that we will get this sorted, and the civil case will be dealt with separately in India; and didn't realise her ill-founded motives of  mis-using laws of both lands.
  2. I don't know if delaying divorce is of any benefit at all. If I don't consent now, then it will be court proceedings here which will cost me about 20lakh as court fees.
  3. Her idea is to get divorced here, fly to India, get married to another and happily live here, whilst I consent for the 498a forever.
  4. Except for the 40lakhs for which my father has filed the civil case already, any act of cruelty, if exists, was performed in UK, outside the Indian territory, for which section 498a IPC cannot be attracted.
  5. Also, even though we were marreid in India, I am a british citizen, and only visited twice to India post marriage as part of usual once a year trip. Does 498a be allowed against me in the first place; how will my travel to India be impacted, are there any options of my protecting myself, so that my travel is not impacted in the first place. We have been living separately for over 1.5years now.
  6. Will I be any further trouble in India, if I get FIR/report copy and attach in this forum at all.   
  7. I like her gaming strategy, and want to give her a lesson so that the law is not mis-used and others can atleast learn from it, and not get into troubles.
 
Reply   
 

Find a shrewd lawyer in India and file a few criminal cases on her and her family members. Drag the divorce, contest it. Don't let her free. Make her fight cases in both countries. Don't give her a penny. Make legal battle for her in both countries tries very expensive (many cases, different jurisdictions, contest everything to fullest extent) refuse to settle. This is only way to make her pay for her crimes.

If you try to get out quickly then you will pay through your nose and on her terms. 

 
Reply   
 
Dy Director

first seek bail of you and your family.  You appear to have a good defence (atleast as appearing from given facts )which people generally donot have.  Do not spoil case on guidanc eof some one.

 

divorce case and criminal case are diffent streets.  Divorce does not extinguish criminal liability.


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