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Master Warrior (AOR)     26 December 2011

Live in canada/us and victim of 498a?

Since the ex is busy defaming you over and over without proof, there are a few ways to pressure her/family to cut the defamation down.

The 498A system (as far as I've seen) typically goes as follows:

1) Wife leaves

2) Wife or familiy demands exorbitant sums of money from husband or his family, and either directly or indirectly says if the demands are not met they'll file false charges/cases.

3) Blackmail is not succombed to, so 498A is filed against husband and/or his family, with I believe 120B, as well as a few other charges, and DPA (Dowry Prevention Act) sections thrown in too. All of this of course without a shred of proof.

4) Police will try to help the ex/her family extort you, hoping they will get a share. In my case one cop said "Well these are specific allegations, you have to prove they're not true". I said "well of course they'd be specific, but if they're specific then they should have specific proofs, not statements".

5) Husband and family file for AB, which is vigorously fought by the ex, and of course the State.

6) Husband/family file for a stay and quashing in the High Court based on the charges being without merit, without legal basis, and in many cases (such as NRIs) without jurisdiction (as per the IPC and CrPC)

7) In my case, a stay was received and the family filed an "immediate/urgent" appeal to the stay in the Supreme Court. Clearly they had excess money to burn. Supreme Court, while vacating the stay on investigation, upheld the stay on proceedings and also ordered "no arrests".

8) Quashing continues in High Court, sometimes for 2-3years or more (mine lasted 2 years). What the State/ex/family will try to do is keep delaying the hearings.

9) Case usually quashed.


Specific items to my case: The extortion consisted of Rs 10 crore "or a case will be filed". The family had connections to ministers in Punjab, and of course the state runs the public prosecutors and police. They were not paying for their lawyers so had nothing but time to keep harassing us.

What I had done in between steps 7 and 9 is filed a defamation suit, with copies of all the documents filed and SIGNED by the ex. Each statement contradicted the previous one, and not even a simple mistake. One statement went from "My parents gave Rs 10 lakh" to "They gave Rs 1crore" and both statements were signed on the SAME DAY.

While they had connections and money, they also knew that if they stepped foot in a foreign court, with the stack of evidence I had gathered against them, they would not only lose but also have to pay the lawyers IN ADVANCE.

As a note: Foreign judgments ARE valid in India if the documents are served according to proper process. In addition, Indian law allows for attachment against inheritance properties.

If anybody is facing any issues and you live in Canada or the United States, let me know if you would like assistance and I will help where I can.


 4 Replies

**Victim** (job)     26 December 2011

@ Author what is the current status of defamation suit ?


Hi Warrier , Can you please advice more on defamation suite which can be filed against 498a family . Police investigation report is very much in our favor and i have got enough proofs to prove their lies . They are harassing my family back there in india . and i am getting sick of following the defensive ways every time ...... what do you reckon the offensive strategy can be to tackle these cases from overseas ?? can mail me at smrshrm2010@gmail.com ..... thanks in advance

Birinder Tiwana (none)     25 July 2013


Your post is very encouraging. I am in Canada and in a very similar situation as yourself. I want to contact you. Can you please reply back with your email/phone here or send me an email on birinder.tiwana@gmail.com . 



Please contact me on rpilix18@gmail.com


I am also in canada and my wife trying to file a 498a and DV case on me.. Please , I need your guidance

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