I am NRI (now Canadian passport holder, previously Indian citizen). I was married to girl from India in 2017 and due to personal differences we had she went to India to live with her parents and filed 498a on me and my parents. Her gold is in a joint locker which is now freezed. In 2021, after some mediation with a relative, she agreed to following in a written affidavit signed by her in below sequence: 1) she will take exparte divorce as I do not want to come to India with pending 498a... 2) her gold will be returned with my cooperation with opening joint locker 3) she will withdraw 498a by quash 4) advocate costs for points 1) and 3) will be borne by me and my parents So, currently step 1) is finished. Advocate costs for her exparte divorce in India are borne by us and we found the advocate to do this. Our advocate above is trying to reach her to coordinate steps 2 and 3...as we are ready to cooperate on locker to give her gold back and she needs to come to court once to give statement for quash. Our lawyer already filed 498a quash in high court. Judge gave interim orders to post in few weeks regarding the settlement arrived. But ex-wife is now not responding at all. a) Can we use the signed written affidavit given by my ex-wife for matters 1 to 4 above, to the attention of judge? b) Can we ask the judge that her not willing to cooperate now is an act of fraud/cheating(420)..as we paid advocate costs as agreed above for exparte divorce...we are willing to cooperate to give gold from locker also just that we need the quash of 498a also needs to be done together in a coordinated way c) the FIR is still in pending / under investigation stage with women police station Please advise what is the best course of action now. Is it safe for me to travel to India at this point as 498a is still pending?
