Civil Procedure Code (CPC)

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Prakash   17 October 2020

498a related question for green card.


I went through false 498a few years back. Below is the summary of my situation. Can you please review and help/guide me with my current situation. 

1. Due to matrimonial disturbances and regular threats/harassments from wife, I applied for Divorce in Indian court on cruelty ground after I and my wife stayed separately for 3 years. As a revenge, after 9 months, my ex-father in law filed 498a and 506 on me and my parents. 
2. After 2.5 years, Police filed charge sheet in Court with same contents as FIR. Court issued summons but never framed charges. 
3. We reached compromise with pressure from elders on both sides and took mutual divorce and they have withdrawn the 498a cases. 

Now, I am in the process of applying for Green Card in US where I am employed and had to answer the below questionnaire in the forms. 
Even though i was never arrested or detained, I am thinking I have to probably say Yes as I was charged(my understanding of when Indian Police filed the Charge sheet in the court). 

Question in the Green Card form: Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official? 

When I answer the above question as Yes, I was asked the below questions by our legal attorney. Please help answer the below questions and what 
documentation I should provide to support the below? 

Please provide the below. 
1) the charging documentation / original prosecution documentation, and 
2) the statute under which you were charged.  
3) Was this pursued by your father in law or was it a charge from the state?

Thanks for your help, 

 3 Replies

Dr J C Vashista (Lawyer)     18 October 2020

It is advisable to contact and consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary action.

P. Venu (Advocate)     18 October 2020

The obvious answer is Section 498A IPC and the charge was from the State.

1 Like

avadhesh Paliwal   22 October 2020

It is the matter of country where are you migrating and depends on that country please consult on google with same country advocate....foreign conusltant for visa and etc..

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