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Aravind Chennuru   05 December 2021

Can the court ask for my usa bank account details in case of false 498a?

I have been recently charged with a false 498a case by my wife, I was in the process of initiating a divorce. I work in the USA, the police surrendered my passport in the court on March 7 2020 and for 2 years I have been waiting to get an order to get my passport back, now the judge gave an order to handover my passport but with the limitation of submitting my US bank account details. I am concerned because the relatives of my wife's family is very influential and I am not sure that giving my account details to the court would be safe. There are many responses in here where advocates suggest the disgruntled wives to seize my account in the USA by requesting the court. Considering this scenario it looks like there is a high chance that my details submitted in the court would not be safe as their family has much influence. It took 2 years to get to this stage because the petition submitted last year was misplaced or lost by the courts, which seems like someone is using their influence to do so.

The 498a case was registered on my mother's name, my name and my brother's name. The charge sheet was filed against my name and my mother's name, as it was clear that my brother was not involved in anyway in the family matters.

The public prosecutor is claiming that once the court gives me my passport, I won't come back for this case, the case was filed without my notice and I came back to India to start my divorce petition and then in the airport there was an LOC filed against my name, the claim that the court is not able to reach me is absurd because, you could just google my name and you can contact me through the first few links.

Can someone please suggest what is the right course of action? Just stay in India and fight this case or give my details and move forward with my life?

 

 



 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 December 2021

All complaints under Section 498A IPC received by the police or Magistrate must be sent to the committee. The committee must look into the matter and send a report on it within 30 days to the authority that referred the complaint. No arrest must be made until a report is sent by the committee.

Aravind Chennuru   05 December 2021

The situation is that I want to travel back to USA as it's my livelyhood, the question is can the court ask to submit my bank account details to release my passport and remove travel restrictions, when I am not working in the USA for 2 years, I need to travel back and rent a house, open accounts first.

This is an interesting comment, how can I know "the committee"? I have no clue about what is going on with this case. No one is giving any information, how can the case be filed without details about the committee?

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 January 2022

In case if there is a statement that Dowry amount is deposited in that Account, you are required to produce statement of accounts


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