dario (sicnetist) 12 July 2014

After 498a verdict

Dear All,

I need some advice. I am an NRI and 2 years back my ex-wife registered a 498a criminal case against me and my family members, although we never lived together.

I had enough incriminating evidence against them, and i won my quash petition against her in the high court and i am free of 498a now.

however, my divorce is still pending and the judge want me to be physically present in India during the coming court date so we could finalize the divorce. The divorce case is in the local court in the town where my ex lives, and my family and friends are worried that this could be a problem, as they think my ex's family members are angry over the 498a verdict and are capable of indulging into violence when i show up at the court for the next date

so my questions are

1) Is it safe to go to India at this point, can my ex's family create any more legal problems for me, so i get stuck in India?

2)To avoid a violent behavior from their side is it legal to carry a pepper spray and/or and stun gun for self defense in India?

any input would be helpful

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5 Replies

dv (ghvhb) 12 July 2014

Can you share your 498a details I am in the same boat PLease inbox me

Sudhir Kumar, Advocate (Advocate) 12 July 2014

YOU HAVE ALRADY WON CRIMINAL CASE.

no divorce is civil matter. Let her get it ex-parte.

Even if you visit do not take for sure that you will be attached or implicated for sure.

Laxmi Kant Joshi (Advocate ) 12 July 2014

engage a lawyer for your divorce case , go through her petition what allegation she had imposed on you and what relief she is asking from the court, if you want to contest the case come to India no need to worry nothing will be happen to you , had you listen someone had murdered on attending court hearing of divorce , if you feel fear you can ask police protection file an application in the embassy with the court notice, write in it about your suspect and ask them to help you in fighting your case , and send a copy to the ssp police of that district where case is running , take help of your lawyer also and fight your case bravely don't be a coward .

Laxmi Kant Joshi (Advocate ) 12 July 2014

if you don't want to contest your divorce case then no need to come india get it to be exparte and pay her what she had claimed in her petition .

(Guest)

@Raj123. You really don't have to be that pessimist. True that Indian legal system have loopholes and slowly they are getting mended as well. And Mr. Dario have won the 498A case because of this"baseless law system" . And Mr. Joshi is correct about the metaphor of not being "coward" as all the procedure for staying protective from any assumed threat are correct.