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John (IT)     12 January 2012

Finally day has come wife got remarried

Finally a day came for which i was waiting. I am U.S. based NRI and wife filed several cases on me india since she was interested in my money. Without joining me in U.S. she filed 498 (a) -----> Pending, Crpc 125------> pending on me and after two years she got exparty divorce under the grounds of desertion. After obtaining divorce after 90 days she got married to another guy and now i am off the hook. It's been a long i haven't visited india because this cases and now i want to visit india again. I am not married yet and neither i want to but i want to visit my country now. I haven't seen my parents since long time but before i visit india what should i do for the cases which are pending against me. I am worried about crpc 125 which was not decided since my wife couldn't serve me notice properly and then she went for divorce under grounds of desertion and regarding 498 (a) it's pending in police station since she didn't had any proof to prove that i demanded dowry it was filed with intention of getting me extradited. What precautions i should take before i visit india. I am worried about crpc 125 which is pending in court and 498 (a) which is pending in police station ?



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 11 Replies

Sanjeev (Lawyer)     12 January 2012

The maintenance case may get closed as she has remarried and divorce has happened but 498A even if open in police station needs to be careful of as if you dont have bail in that case that makes you liable to arrest the fact of her remarriage dont make any difference here.

In case she has settled again now than it would be wise to reach out to them through some common relatives if they could withdraw the 498A FIR or help in getting that quashed.

**Vikram** (Managing Partner)     12 January 2012

Do not worry about 125, since she has remarried, 125 will not be applicable.

 

File an application u.s 127 CrpC pointing out that she has remarried and the case will be dismissed.

 

Dont worry about 498A as well, since she has remarried, she will not come to the court for evidence. If she does not come, ask her for a settlement and get the case quashed in the HC.

 

Best of luck.

Vikram


(Guest)

john can you please provide me your e-mail ID ....Cheers

sridhar pasumarthy (ADVOCATE)     12 January 2012

Dear John,

498A case open in the police station.  what does it mean?

Whether F.I.R. was registered or not yet?

Chaitanya_Lawyer_Mumbai (Lawyer)     12 January 2012

Get Anticipatory bail first.

Dr J C Vashista (Advocate)     12 January 2012

You are required to know whether FIR has been registered in the case U/S 498A IPC against you, if yes obtain antincipatory bail before landing in India and get FIR quashed from High Court. If NO, donot worry about either of the case(s).

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Get AB for 498a and then travel to India.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Congrats John. 

How much does an AB cost ? Can you get AB when you are in US ? 

sunil trikha (sr executive)     30 January 2012

Congrats John, live peacefully now.  Never get married again, not in this life and next life.  Pray you ae never born in India again.


(Guest)

We Harrassed Husbands are More Happier then parents...Ever when our wife Elope or Get remarried to another bakra once they realise no money can be extorts despite 498/ DV..

Apply for Dismissel of Case based on her Divorce and re marriage proof. Try to gather Evidence and

Travel with AB and Prey for others. MOST IMPORTANTLY educate all your fellow NRIs friend and let them know the Real world of Terrorism.


Make awarness and let them realise and understand.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

The case can not be dismissed because of her remarriage.

 

However, there is no bar of NRI getting AB.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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