wrongyaright (computer) 26 March 2017

406/498a against me & parents

Backstory:

I was married in Nov 2012 in India (Arrange Marriage), Before that I was staying in US since Nov’11.

We went for honeymoon & 15 days after getting married, I went back to US (Mid Nov) & 1 month after that (Mid Dec) my wife also came to US (Took 1 year leave from her office). We stayed together for 1 year & then she went back to India in Dec'13 to resign so that she could come back & look for a job in US. During this stay my wife stayed with my parents for less than 1 month, rest of the Time she stayed with her parents. I went to India in Feb & we came back to US together in March'14. We started having issues & it went from bad to worse. In Sep'14 my parents came to US & went back in Mar'15.

Meanwhile we had a baby in July'15. My wife's parents came from India. Her father stayed for 1 month & her mother stayed till Jan'16. Our fights continued. She even called the cops once without any reason just to show that she is the boss. She manhandled me & when I said that I will show the her nail marks on my arm to the cops she said lets not do it & sent the cops away. We told them it was a heated argument. So no case was filed.

My parents came to US again in Feb'16 but due to my wife's bad behavior & threats they had to leave within a month. They went back in March'16. I also moved out.My wife filed a case of child support in US court asking for money for our child in March'16. I got the summons & was asked by court to pay monthly amount.She has a visa and was working since Oct'15. She took a break before that coz of pregnancy.

We did not reconcile after my many attempts & she did not let me meet my baby so I had no option but to file for divorce & ask for shared child custody. I filed this in June'16. I have since been given half child custody (Decided Sep’16) & I am paying monthly for baby's support (Decided Jan’17) as decided by the court. Negotiations are now on for divorce now. Child custody & support have been decided in my wife's presence & I have signed documents from her.

406/498a IPC against me & my family

Meanwhile my wife's father filed a case of 406/498a against my parents, me & my brother in India in Sep'16.

Police found nothing against my brother so he is not in the complaint anymore. Police came to arrest my parents & they had to go through an extremely tough time. My parents got bail after 1 month. But the cops are still after me & visit my home to arrest me. They are telling my parents that call your son else we will ask the embassy to get him back to India.

We did not take any kind of dowry from the other side. No property, no cash, no household stuff.

Her parents gave her jewelry & we gave her jewelry like in a traditional hindu family. She has all the jewelry now even though she says I have the jewelry. they gave rings to some of our relatives which we have given back to the police as part of the process where we have to submit my wife's belongings.

In the FIR her father has lied all over. Like expenditure, dowry, harassment, physical fights, not wanting the child, my demand for car & house and what not. Everything is a lie.

We are really worried. My parents cry everyday & I am afraid that I will be asked to go back to India.

I am not even sure that its a valid case since both of us are staying in US, divorce case is going on here.

My wife & her parents want to hurt us & want money.

My lawyer in India is planning to file a case for quashing but we are not sure about what will happen.

He told me that he is looking for stay & once we get that I will not have to come back to India.

If we do not get a stay then we have to apply for anticipatory bail for me & if that is not approved then I will have to come back to India. If I go back to India then I will lose custody of my child here in US & resolving this case in India will take years. My future is all messed up.

-What are the chances of the case being quashed?

-Can I be called from US based on all this?

-What can I do to avoid going back to India?

-What can we do to get us out from this situation?

Any kind of suggestion or help would be really appreciated.

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10 Replies

narayan 26 March 2017

Voice Recordings on phone/computer is allowed in courts as Evidence. Start talking to ur wife/ her parents on past issues. Record them n show the Truth to the Judge. Harassment will b proved n false cases will b quashed

(Guest)

Matrimonial disputes dont have solutions in courts. Either you adjust with each other or be rich enough to go for 1 time settlement. Rest all proving and unproving is waste of time. Court kacheri are for weaker people. There are 2 laws. one for people with money, one for the poor. People with money will take divorce (eg Prabhudeva, Hritik, Sudeep, Sanjay Kapoor etc) within no time, no going standing at court door, no waiting for court to call out name, appeal, re-appeal, prove, unprove etc. Poor people like you talk about justice etc and roam to court for 1 decade before realizing you will still have to pay money to get divorce or even pay money after getting divorce. Why not pay and take divorce than shout slogans about court time, injustice, biased laws etc?

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(Guest)

पैसा फ़ेंक तमाशा देख

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(Guest)

First thing you need to do is to make sure your child doesn't leave the US. Keep childs passport with you. If child doesn't have a passport, you are safe: without both parents consent, it is impossible in US for one parent to get passport for the child. Don't ever make the mistake of sending your child to India! It is very hard to access her again. Don't worry about 498a. Even if you have to come to India once, you can easily get AB and you are safe. You can go back. Initially it's a bit traumatic that's all. After a few months all the dust will settle. It's good news that your father outlaw has lied all over. Remember, the more the lies, the more the burden of proof and easier for you to come clean!!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 March 2017

What is your and your wife's immigration status in US? Are you a pernament resident or a citizen? Are you eligible to apply for US citizenship? It is not that easy as asking the Indian Embassy is US to get you back to India. Things very much depends on your immigration status in US. If you are an Indian pass-port holder Indian courts have still a hold on you. Still getting you back to India is not that easy unless you have other compulsions to come to India.As your brother is in India, I think he can look after the welfare of your parents. Meanwhile consult lawyers there and find out what is your position under US laws. Fortunately unlike India, US laws vary from State to State.

wrongyaright (computer) 27 March 2017

My baby does not have a passport yet so cannot travel outside US. I am good that ways. My worry is that once I go to India I will be stuck there until the court gives me AB and then allows me to travel back to US. Both of us are on H1-B visas. None is PR or eligible for citizenship. I don't know if they can force me to come back to India.

(Guest)

Great that your child doesn't have passport. Keep it that way. At no cost send her outside US or you won't see her again. Guarantee. Don't be too worried about going to India. 498a has lost its sting. AB is definitely given. You can then obtain permission for exemption from personal appearance and return to the US. Your lawyer can represent you in your absence.

(Guest)

Originally posted by : autohide4u
	498a/406 cases are cake walk these days. Nothing to worry. IO will try to induce fear by taking bribes from other side. Don't pay attention to such police nonsense - their powers are more limited than you think. Soon case will be in court and then all the pressure is on girl side to prove her lies.

498aVictim (sdfasf) 29 March 2017

1. Focusing on to get AB - original papers with court seal. have at least 3 copies of them.

2. Dont move an inch from where you are. Let Indian scotland put some effort, which is only to take money from you.

3. Follow land of law, keep the eyes open on "ALL" the courts.

4. Engage suitable counsel with your spouse and work towards mutual understanding - either reunion/separation

Note: few cents - living with woman is better option instead of going behind men in black, as long as she is good character, and you develop tolerance for her behaviour!

veedu (-) 29 March 2017

You helping hand moron. We wont rest until u are thrown in jail. You, your baccha stanley and your ass licking moderator are going to jail. I have filed FIR against you s*xual offender .I will add the filthy moderator's name too in the FIR for destroying evidence and partnering with you criminal. Do filthy low lying elements think deleting the post will destroy proof. Your move will only land you bl**dy morons in jail for destruction of proof as you pea brains dont know that your comments will be in my mail.