Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Raj (self)     02 November 2011

Case 498a filed in india, im in us

 

My wife filed false Criminal Cases under sections 498-A, 406-IPC, 3-DPA, 4-DPA in India and im working in US on H1B visa employment. Will  the US govt deport me if they are contacted by my wifes lawyer. What should i do to avoid the mess and be safe in US

Yes, im hiring a lawyer in India. But can they create a problem for me here in US by contacting the US govt or Indian embassies and will the US authorities come and deport me just based on a false cases filed? 


Learning

 16 Replies


(Guest)

As I have mentioned elsewhere 498a is too much for nerves. Spam High Courts/Supreme Courts by filing Writs of Prohibition on mass scale. Parliament won't remove 498a as advised by Supreme Court. US government won't deport you if told of the correct position. And no country deports on family issues and you are not an International Criminal. Do one thing move a US Federal Court/State Court against your wife. They'll issue executable warrants against her. BUT for that you must engage an attorney.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 November 2011

1. The US government won't deport you as there is no equivalent law in USA.

2. Interpol has stopped issuing RCN for 498-a cases.

 

Fight the cases on merits.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Advocate Habeeb (Advocate High Court of A.P.)     02 November 2011

There are lot of false 498 A read with 3 & 4 of D.P Act  getting registered . However as long as your in US there is no harm for you , but when you land up in india you will be arrested if the information is been provided to the airport authorities. In this case US govt will not deport you.

 

1 Like

(Guest)

Merits of the case are that wife is taking advantage of US jurisdiction and harrasing her husband to deprive youof livelihood.US courts don't take kindly to such wives .Note: Criminal Intimidation is very serious offence in US as is Contempt. File criminal intimidation case in a District Federal Court as also TORT of 10 million Dollars at least recoverable from Indian Government. I may mention that in 19th Century Tort was a minimum of 50,000/- US Dollars [Equivalent price Parity now is extremely high]. Engage a REFERAL ATTORNEY who'll advise you the best course and the Tort amount to be recovered from India for having laws like the DV Act, 498a etc. which go against the Bill of Rights.[8th Amendment--Cruel and unusual torture treatment or punishment] and natural human Rights. Don't make the mistake of engaging a US based Indian REFERAL lawyer. No harm in confirming in taking attorney advice.

US Federal Courts can recover Tort amount from Government of India by seizing the SDRS from IMF besides attaching Indian government property in US.

1 Like

(Guest)

Take a Printout of the Attached PDF file and read it completely [ARGENTINIAN FAMILY AGAINST GOVT. OF ARGENTINA. I'll post more material later. BUT DONT TAKE IT LYING DOWN.


Attached File : 142068 221108 26 torture.pdf downloaded: 328 times
1 Like

(Guest)

Here's some info on ATS:

 

https://en.wikipedia.org/wiki/Alien_Tort_Statute

 

1 Like

(Guest)

For more information you may PM me.

1 Like

Rahul Raj (self)     03 November 2011

Im extremely thankful to each and everyone who has been providing the information, each post is giving me more strength and confidence to fight against this crime. I just met an attorney and started discussing this issue

Rahul Raj (self)     03 November 2011

They have sent an email to my parents who are UK citizens and live in UK saying that they have filed similar cases against them Is there any difference if in dealing with such things between UK and US. Is it better to hire a lawyer in US, UK or India? It is quite unbelieveable how easily they can dare to file cases in India without any proof or evidence. Since things are pretty clear that they are doing this whole thing for money, we are really working on filing a case against them and their lawyer for fraud, defamation and misuse of authority or something. Or should we first work on squashing the cases they have filed? Whats the better approach. Im also filing the divorce case here in US in parallel


(Guest)

Rahul Raj,

British are useless. Worse than Nigerians. Yes, YOU MUST HIRE A LAWYER IN US only. Only US has human rights, International Covenants built into the Constitution esp the Bill of Rights,ATS[Alien Tort Statute]. Ask your parents to move to US for a collective fight. Britain has un unwritten Constitution and a Queen ,Camila Parker Bowles. You must maintain a sense of humor or you'll loose your cool and loose cases. File cases under ATS FSIA or whatever your US based Referral Attorney suggests. If you hire a regular Attorney it will be commission based and commission would depend upon the Tort claimed. BUT you must make India a Party[Mandatory under ATS] for creating barbaric laws such as 498a, DV Act and others. Yes you file a divorce case in parallel and US does not recognize Indian Divorces.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     03 November 2011

Dear Rahul,

Though Ms.Nina guide you properly and i think it is good advise

but as per my knowledge, it will not work (Plz consult Ms.Nina also she may clerify this thing) that

1. You both married in India hence any divorce granted by foreign court should be executed in India, it means you have to spend double amount first in US (A heavy amount coz ther lawyers charge as per hour bases) then in India also.

2. Any Compensation granted by US govt on the bases of tort is not applicable in India coz in India, there is no such law who may grant such heavy penelty hence Indian govt. will also not responsible for any such claim and neither court of US will be able to recover money from Indian govt. on the basis of your case. But you may try may be if it will be done then other similar husband will get the way out of such problems.

But  i dont think it will work.

Anyhow the better way out as per me is first go and hire any good advocate in India who will quash the cases filed by your wife and then file any case of recovery etc in India only.

Good luck.

Kamal Grover

Advocate

I am bases in Punjab and Haryana High Court at Chandigarh but i have branches various parts of India. you may send me your details including your location and your wifes location etc at my email id at

adv.kamal.grover@gmail.com


(Guest)

Dear Kamal,

Thanks for your comments. My Contention is that the quesrist should engage a referral Attorney a definition of which is on the link below      [ Highlight and then open link  option]

https://en.wikipedia.org/wiki/Lawyer_referral_service

 

Some referral lawyers do it free. After getting a divorce from US execute it in India. It will be very simple for the querist to get rid of this woman who calls herself his wife. If you still have doubts then you may please PM me.


(Guest)

Tort will work only if Indian Government is also made a party as Its Indian government which makes barbaric home wrecking laws like 498a, DV Act. Hope this satisfies. But you may still PM me if doubts persist. My aim was to make it easy and inexpensive for the querist.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     03 November 2011

Dear Nina,

No doubt you guide him properly but other countries cannot raised any auestion on Indian govt that why they make such law, so my intention is plz go through heague convention, where all the countires will respect each other law and will implement only with execution else any judgement or law of other country have no effect in India. So i will PM you also and I would like to discuss and clear any doubt.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register