sunnydad (Manager) 06 September 2013

exparte divorce

Dear Sir,

I and Ex Contested divorce, Child Custody, property & assets in USA court and got divorce after 2 years long battle. Inbetween the divorce proceedings in USA, Ex sent PowerofAttorney to her parents and lodged false 498a case roping all my family members & me in criminal proceedings. At the same time with the help of GPO she applied for divorce in Family court, India. We haven't get any notices for the divorce in India and we didn't attended the court proceedings, After 1&half years in Indian court, we heard that Judge gave her Ex-Parte divorce in India.

Now my question is ?

1. What will happens to the 498a case which is pending in HC for quash on the basis of jurisdiction with this ex parte divorce?

2. We applied for quash based on jurisdiction cos all the allegations in the FIR & CS shows that happened in foreign land, There were no allegations happened in India ? Now Exparte divorce happened ?

3. 498a gang is not responding to the notices sent from High court for quash application ?

4. Is this exparte divorce is good or bad for us ?

Please advise ,

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4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 10 September 2013

Ex-parte divorce would have no impact on 498a.

I am surprised that 498a is filed on Power of Attorney. The parents could have filed a complaint based on 198 CrPC.

If your case has merits, it would be quashed based on 188 CrPC that no permission was taken from central government for initiating criminal proceedings for events happening in foriegn land.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
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If you don't fight for what you want, don't cry for what you LOST.

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sunnydad (Manager) 10 September 2013

Shoneeji,

They filled a Private complaint and floated money in police station to register the Fake 498a case. In my case 498a gang is not looking for extorting money.

My son is US citizen currently living in USA with US court order with custody & divorce battle in USA. Ex wants to take him back to India permanently and raise him with their parents. That was the only demand. If I agree for that demand they are willing to take back all the fake cases back without any hesitation.

Even though none of the alleged events in the FIR & CS has happened in India, There is no alleged crime scene in India. They successfully registered the case with the help of bribe which is a common custom in Indian judicial system.

overnight one common government employee will become millionaire and spends alleged 60 lacks cash money in his daughters marriage.

Its my humble request to you, Please note all the above black mails on 498a victims and speak in TV shows on behalf of all 498a victims, So that general public will be aware of what's going on in Indian society at this moment.