Chandra 10 June 2019

498a for canadian citizen and wife is pr

Hello Community Members,

My friend is a canadian citizen and the wife is canadian PR living there since past 5 years.

They got married in Feb 2018 and separated within 6 months. In march next year she went to india and filed for the false 498a case along with 323, 34, 406, 506 IPC, and convicted all his family members, mother father siblings, in it.

Within 15 days of that she went back to canada and didn't informed anyone about FIR. We got to know online. The whole family of the guy are living in canada and they have some property in india.

They now have filed for divorce in canada and she is not taking any interest in contesting it and keeps harrassing and threatening of police involvement in india and to extort money from them.

- If the girl is canadian PR and will become citizen in a few years, can the case still go on just because it's filed in india and none of the accused or the accuser lives there?

- Is there a way to save the property (not in guys name) in india from the case to be attached to it?

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3 Replies

S.JEEVAGAN, Madurai. (Advocate, High court ) 10 June 2019

"If the girl is canadian PR and will become citizen in a few years, can the case still go on just because it's filed in india and none of the accused or the accuser lives there?"

Sir, It doen't matter in respect of continuance of prosecution for the offence under section 498-A of I.P.C., unless the prosecution is withdrawn for some reasons. However, if your friend feels that it is a false case, then he can very well file a petition under section 482 of Code of Criminal Procedure before the jurisdictional high court for quashing of criminal proceedings initiated on basis of false complaint of his wife. It is also open to your friend and others who have been accused in her complaint, to prosecute his wife in India for various offences including defamation.

For further clarification of all the relevant legal doubts, feel free to call me up on 9842197857 or send your querries to jeevaganadvocate@gmail.com

Chandra 17 June 2019

Thank you sir. When should the 482 case be filed? How to know if the chargesheet is filed or not?

Chandra 17 June 2019

Thank you sir. When should the 482 case be filed? How to know if the chargesheet is filed or not? Is it helpful to wait till the chargesheet or FR is filed and then to apply for quash? or before?