Fir case affecting us green card holder

You are further under a serious misconception that charge of torture cannot sustain against you if you are abroad.  You have to realise that being a torturer (or abettor) one need not be physically present.  You have not disclosed what actually are the allegations by your wife on you and what on your parents. It is harsh reality that in Indian society the parents of the husband are never (and never) wrong they are ever (and ever) to be worshipped by the wife.  No son in Indian society is permitted to believe (leave alone trust his wife) that his parents are wrong/ torturous.

Indian wife has (alongwith her parents ) a duty to be always proved wrong.

Parents of hudband are always right. Such privilege is bestowed upon them by the god almighty the moment a male child is delivered. Parents of male child consider it their duty to honour such divine bliss.

Such prejudices have created necessity for such harsh laws and procedure which are still inadequate considering the magnitude of the malady.

I wish your case may be different.  But it is also a harsh reality that many NRIs settle abroad still they marry in India with no intention (or no capacity) to take wife along.  They do so for the sake of (i) encashing dowry in India (ii) for providing  free maid to the parents. When finding the cases like CAW they fail to come to India.  At times many of them have slipped illegally and know that once out of the country will never be able to enter. I hope you are lawfully entered as you said you hold green card holder.

Thereby you have lost first round of  battle.

You have to lieve with harsh fact that and you have to realise :-

1. now the matter is in thana no more in CAW.
2. Now the process of law is going to operate against you  
3. your parents are here without your support.
4. They are unable to ensure your presence in thana.
5. They are vulnerable prey.
6. Police knows that you are NRI and have reasons to believe you to be a milch cow.
7. You still do not appear to have not finally lost the opportunity of peaceful settlement.  The only difference is that your bargaining power is reduced.

As the plain reading of law says the power of arrest without warrant starts at the level of constable (which includes home guard), if allegations are congnizable.

But in dowry cases the Supreme Court directed that the arrest cannot be caused without orders of police officials of certain higher level. 

So all the police has to do is to convince their own higher ups that there is a prima-facie case and you are avoiding process of law claiming to be out of India and within 5 minutes they can pick up your parents.  If turning vicious they can even come to house without a vehicle and walk them through streets in custody on way to thana and none can stop them.

You have adequatly been advised by experts  and closed this thread, enough.

For further queries consult a local lawyer.

Thank you all for your advises.

It is clear that i need not to come to India.

I already sent green card paper to my wife. But she does not want to join me, whatsoever be the reason. She lived me most of the time and i am aware of the fact that she is just trying to get hold of me via putting flase allegations, which prosecution will need to prove.

I don't see why my parents will be arrested just based on allegations and that too no 41 or 41A notice has been issued. They are going to police station to give their statement and face interrogation. I am not sure if i can get direct answers from you guys.

Will surety of 2 persons favor us to get bail from police station? Or surety is not required since notice of arrest has not been given yet. Any advise on this?

we have taken advise of lawyer but seems that he is more interested in money making than the case. Thats why i am asking you guys

Thanks All once again.

With all these talks pl do not remain un prepared.

FIR  can be filed against you and your relatives.

Court can not force you to come and attend but by chance if you come here and your where about are known to other side, LOC will be issued. YOU MAY NOT BE ARRESTED BUT WILL NOT BE ABLE TO GO OUT.

It is easy to issue  LOC but up hill task to get it cancelled. Read the very recent RUIA  case who is in a minor criminal case and a NRI still SC rejected his application to visit abroad  even when he was ready to give all types of secutiies.and a time bound program to return.

When stakes are high prepare for counter cases and you can do it first and keep the opponents busy.  It will need expert advice .

You have been advised well.  Choice is yours.

The author is expecting bail in thana.  Will be lucky if he gets in Court.