False 498a brother abroad

Never,

 

Please don't disclose any such confidential documents to IO and never ask your brother to land Indian now unless he got AB.

 

Please see my profile links for sample petitions and other clues. 

How to make the IO satisfy that my brother is abroad. Shud i give him a copy of his boarding pass

Apply AB in Session Court. 

Please ask IO what prove he have? Burden to prove allegations lies on him.

 

Never give any such confidential docs to him else your brother may be in trouble.

They might contact UK consulate and passport authority to bring him back to India and extort him. 

 

Please see my profile links for sample petitions and other clues. 

My lawyers (divorce and criminal lawyer ) advised me not to take bail for brother as he is abroad. Cause once we take bail, he will have to appear at court . Also they have advised me not to submit such documents.  My criminal lawyer which got me bail , anytime i call him , he tells me to make a deal with police . Not sure if thats the right thing to do.

In order to make the police satisfy, Can i do the following

1. Ask my brother to call the officer from US ( phonebooth ) . Show him pics of my brother from US :)

2. Boarding Pass may be ( not sure if it can be used to trouble my brother more )

Apply for AB for your brother!!

who slapped the case againt you and your family?

All the lawyers suggest the same thing, not to apply for AB for the person abroad, they are correct assuming that the case will be settled soon, but if the case is prolonged, NBW initially and later LOC will be issued and even the passport impound orders may be issued. Forget about the RCN by the interpol they dont take these cases seriously as they know these are the most abused laws in India. Extradition is almost impossible.

having said that with the recents attacks in US by immigrants USCIS is now looking into the criminal cases against all the applicants, if the opponent party or the prosecutor lets USCIS know about the pending cases, it will be an issue if he applys for extension for his H1B, if your brother gets a RFE in extension, they wouldnt judge your brother but all USCIS want him to do is clear those cases and then apply for extension, Attorneys is US are damn expensive and they wouldnt guarantee you of the outcome as its the decision of the case officer alloted for the H1B extension in case of an RFE . if the entension is denied then your brother will be left with no option other then land in India.   

 check this link below that will give you the details by one of our fellow victim after his ariival in India

https://www.lawyersclubindia.com/forum/Mediation-divorce-498a-131777.asp#.VqD8TfkrKM8

i am not trying to scare you by writing all these, i am going through a similar situation with H1B extension. honest sugession is get AB for your brother, he might have to visit india and attend trial dates, he can apply for bail without travel restrictions. he can still continue with his job, that way it will not be an issue for him later.

He recently got h1b and its validity is 10 yrs I don't think my case will be that long.. Also i m husband and he is my brother whose name was dragged by my wife. Also to extradit him court has to found him guilty with help of proofs which doesn't exist.. Let me know if I m wrong at any point

I think you are getting confused with H1B and Passport, H1B cannot be issued more than 3 years at a time, 10 year validity is for the passport. what if H1B extension will be an issue because of this case after 3 years?

Find below the link in which one the victim is still running around the court even after 16 years.

https://www.lawyersclubindia.com/forum/498a-victim-brother-in-law-jija-132151.asp#.VqEbcfkrKM8

as he is not the main accused, you can try to get his name off the charge sheet. 

pic or boarding pass or something prove to the officer that your brother is in US but also they will ask for more bribes if the victim is abroad.

 

So even if we havent done anything wrong, we shud bribe the police. 

Also if the police couldnt find any evidence against my brother, will he not remove his name from chargesheet. 

 

Dont know if you are from India are not, yes even you havent done anything wrong you still have to bribe the police. even after paying them they might not take your brother's name off the charge sheet coz the opposite party have paid more or they can squeeze out more off you because he is earning in $ , if you dont want to do all these things fight the case.

even after they dont find any evidence against your brother, the statement from you wife is enough to still keep his name in the charge sheet.

most of Cops, some of the lawyers and even the judges are corrupt. even if you are proven innocent after fighiting the case for years, do you really think the corrupt police and your wife will be punished, if you file cases against them you will waste a lot of money and time to prove it and even after proving cop will get a disciplinary action which we dont know will be taken, and for your wife court will warn her and let go.

Sorry Maratha but that is the truth around consider all the factors and take the right decision, most of the 498a cases end in settellement because the husband and his family want to buy mental piece by paying the wife. The situation is quite better from where it was earlier, the police cant arrest the accused without the permission from the ACP or magistrate but we are a far far away from justice to innocent.

 

I will not give a single penny to my wife. Instead I will ask for compensation from her family.

I have lost interest in remarriage and women. So will fight till I get old

I respect your decision about fighiting till the end, all the best.

Get AB for your brother, if he is charged he might have to come to India and attend the trial, but its better than the NBW, LOC, passport impound order, H1B extension queries later. if he attends the trial then it will be easy for him to go back and forth between India and US for his work, he can get an exemption from attending the dates as he working overseas. in some cases even the A1 husband is working overseas and attending the court dates.

 

As per our statement, if he is charged. I m husband and main accused. There is absolutely no proof of his involvement nor he had any connection or communication with my wife. So how can he be charged.