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vijay kumar (--)     12 October 2011

I am in US is there any chance for my wife to file 498a

HI .. I came to US on H1. My wife is verymuch arrogative and short tempered. There are many conflicts and issues were happened with my wife in our 1.5 years of maritial life. 3 months back she had filed 498 and DV cases on me and withdrawn them in the court. Now I came to US. Infact she had given send off while  I was coming to here.

       We had very healthy conversations over phones and Emails in the first few days of mine in US. But later on  they became harsh and unhealthy. She is not allowing me to work here anymore. If she files any case against me....what could be the consequences. ?

Is it possible to file the case against me.. because I came here 15 days back. She and her parents came to Airport to send me off. And healthy conversation from both sides through Emails are there. Still can she files the cases on me.



Learning

 17 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 October 2011

She can file a complainant still.  Just 15  days back you have gone to US.  She can say before going to US you demanded the dowry etc., 

Keeep the mails etc., for your defense, if she files you can use it with the advise of your advocate.

vijay kumar (--)     12 October 2011

HI sir.. Thank u for the reply.. If I file divorce from here after 1 year.. and then she file 498 or any other cases..

who will be benifited?

Arif Iqbal (Advocate)     12 October 2011

Everything depends upon the prevailing facts and circumstances at the relevant time. Your part of the query :"If I file divorce from here after 1 year.. and then she file 498 or any other cases. who will be benifited?" requires too much presumption.

**Victim** (job)     12 October 2011

@ Naresh your wife can file complaint as mentioned by Adv. Rajoo but may i ask you are you concerned if anything can happen to you in U.S. jurisdiction ? If this is what you are thinking then i would say don't worry about it.

 

Also i would suggest that you think of filing your EAD rather then visiting india while you are in H-1B becoz it will be hard for you to return due to stamping problems. If husband wife relationship are not going well then it's better not to visit india until it is resolved.

vijay kumar (--)     12 October 2011

If they file the case against me.. What I feel is.. the court asks the interpol to arrest me whenever I am .

That may affect me much in my career.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 October 2011

They can not call you back, but they can still harass your parents and case would run against them as usual.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

**Victim** (job)     12 October 2011

Originally posted by :Naresh
"
If they file the case against me.. What I feel is.. the court asks the interpol to arrest me whenever I am .

That may affect me much in my career.
"

 

@ Naresh interpol has stopped issuing Red Corner Notices in marital issues. I suggest you do some research on it before worrying about it.

NRI victim (N/A)     12 October 2011

hi,

i am also in the same boat as mr. naresh, my wife went back to india last year with my child of 3 years with promise to come back she went for vacation only and had return ticket but instead of coming back just wrote an email that she will not come. after several efforts i lost my hope and now i have no contact with her. she did not even let me speak to my child. citing safety concerns i did not go to india. i am now interested to take divorce from her. and i want to take divorce here in foreign country as it is allowed here for me becos i have residence permit here...but i am in delimna that what hostilities can she show once she will receive divorce papers...her parents and other relatives are powerful and have contacts.....they are real "badmaash" and "gunda". Can they by anymeans enforce me to come to india...my parents are in india..i dont want to start divorce case in india..and you all know why...

till now she and her parents have not taken legal step against me to the best of my knowledge.

my marriage is 4 years old.

please guide..

help seeker.

MADURAI LAWYER (LEGAL CONSULTANT)     12 October 2011

Sir, You cannot prevent your wife from filing the legal proceedings against you and your family members. However, you can easily prove in the Court of law that your wife has abused the process of law only to harass you and thereby extract money from you. You will ultimately win the case. don't worry. For any clarification, you can contact me either over phone or through e.mail.  

https://www.jeevaganadvocate.com/

NRI victim (N/A)     12 October 2011

But, will she be able to force my by any mean, specially interpol system to get me there in India. or on the contrary can she do something that will make sure that I never come to india.

**Victim** (job)     12 October 2011

Originally posted by :NRI victim
"
But, will she be able to force my by any mean, specially interpol system to get me there in India. or on the contrary can she do something that will make sure that I never come to india.
"


Well nothing can stop you coming back to india in future there is always a way around. If LOC is issued against you then i suggest let her get remarried so that you are off the hook & then hire a lawyer to contest those pending charges against you.

 

KNK A Learner (Learning to share)     13 October 2011

Hi,

The only solution for your situation is be brave and fearless. I will share my case. I had marital life for one day with my wife and we never stayed together, They threatened me, so i filed a case against them IPC 506, and filed Divorce. Then they bribed the police and filed False 498A and Police without enquiry arrested me and i got bail within one Day because of my strong evidences, Police filed Chargesheet, I waited for that. They even filed MC and DVC. I filed TEP And Succeeded, the report said they didnt gave me Dowry of Rs 10 Lakhs. Now i am planning for More counter cases against them like perjury, Extortion, Blackmailing Etc.,

Now interpol has stopped issuing Red Corner in 498A, Let your parents take care of the case here without you, Engage a good lawyer, Gather all evidences. Go for Anticipatory bail. File a private complaint with the magistrate about the threatening of false 498A Case get it registered and take a copy of it and keep that with your parents and you. Once police comes to your permisses then show them this complaint.

498A is just one or two days harassment rather than life time harrassment of living with her.

Thanks,


 

NRI victim (N/A)     13 October 2011

Thanks for your encouragement and advise

@**victim** , what is the meaning of LOC?

@KNK, I did not get any dowry in form of cash. my in-laws gave me some furniture and some electronic items in the marriage. I and my parents with folded hands requested them that we do not want anything we have everything by the grace of God but they still insisted by saying we are giving this to our daughter please accept. so we accepted that. but all these things are in the name of my wife only. as far as gold jewelery is concerned that is with my wife already. can they still put dowry case on me..

@KNK, how did you prove your innocense and what evidences did you show to prove that you did not ask for any dowry? and what is the meaning of private complaint with megistrate? will my in-law come to know if I file any private complaint?

I have read somewhere that interpol has not actually stopped issuing red corner in 498a. they have just put such cases on hold and indian government is discussing with them to convince that this is as good as criminal case...

**Victim** (job)     13 October 2011

Originally posted by :NRI victim
"
Thanks for your encouragement and advise

@**victim** , what is the meaning of LOC?

@KNK, I did not get any dowry in form of cash. my in-laws gave me some furniture and some electronic items in the marriage. I and my parents with folded hands requested them that we do not want anything we have everything by the grace of God but they still insisted by saying we are giving this to our daughter please accept. so we accepted that. but all these things are in the name of my wife only. as far as gold jewelery is concerned that is with my wife already. can they still put dowry case on me..

@KNK, how did you prove your innocense and what evidences did you show to prove that you did not ask for any dowry? and what is the meaning of private complaint with megistrate? will my in-law come to know if I file any private complaint?

I have read somewhere that interpol has not actually stopped issuing red corner in 498a. they have just put such cases on hold and indian government is discussing with them to convince that this is as good as criminal case...
"

LOC - Look Out Circular but it's a long procedure and it will be issued against you only after NBW (Non Bailable Warrant) and after you are declared proclaimed offender but let's not go there i suggest you concentrate more on reconciliation with wife by talking on phone.


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