LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mohan (Software engineer)     18 April 2012

Need advice on 498 and divorce

Hello All,


My name is Mohan from Andhra Pradesh living in USA, was married on 2nd week of Apr-2009 at Vijayawada and I flew back to USA on first week of May-2009 and my wife came to here on first week of June 2009 on dependent visa. After one week of my marriage I realized she has an affair and I caught her while talking to him and I told her I don’t want you, I am going to talk to your father. Then she asked me to excuse and she promised me that this will not repeat again. I trusted her.



After she came to USA she was fine for first two months and the she started again chat/phone with her boy friend. I have recorded all the chat history with her boy friend and those are very vulgar chats. After staying of 10 months here they both decided to meet in India and she pressurized me to buy air ticket. I bought it at last and she left to India on May 2010(She didn't know that I have recorded all of these chats).Before leaving to India only she has only 3 months visa validity. After she reached to India I told her you better to stay there only for next two months as I am going to apply for your extension so that you will get visa for 3 more years. She agreed for that and I dragged her waiting till that visa expired.



After the visa expired I told her parents all these things and I asked them to come to my village to talk to my parents. They came to my village after so many requests from my parents on 2011 Jan. In that sitting I mentioned to her father, you said your daughter passed the engineering but she failed. Then he said I really don’t know this thing but my daughter doesn’t have any affairs. I replied him, how did you confirm that as you even don’t know that your daughter failed engineering and I submitted the proofs to them including that guy name. That guy is his nephew only. He agreed at last and requested me to give one more chance. I told him very clearly I already gave a chance to her and if she wants to settle this matter it should be settled between us only its not suppose to come in front of the third person.


So many back and forth sitting were happened in the next few months and May-2011 they went to media and they filled a false 498 A case on me and my parents (Just FYI….She never stayed with my parents more than 7 days during our marriage life)...In that case she mentioned that she sent her passport to me on mail. My parents were able to get AB after in the Vijayawada court. After got the bail also police goons created some scene and they took Rs 50000/- from my parents. They threaten my parents with something. This is first time in our entire family to facing this situation.


I have applied the Divorce in USA court on June 2011 and I got the divorce here.


Her father know some journalist and with his and polices help they forced us to obey a settlement which is 5 crores. We objected it as we cannot effort it. Our whole properties it self cost is less than one crore. In fact they didn’t gave us anything and we only gave some money to them. We have proof for that.


As my parents got bail on Vijayawada court they transferred the case to Hyderabad as they are living in Hyderabad and my parents bail is conditional they have to go to PS for every two months for signatures. When they are going to police station each time they are taking thousand rupees by saying silly reasons like for white papers like that…


We meet a high court lawyer to file a Quash or stay. Before filing the case he said it will quashed easily and he filed the case on high court almost two and half months ago and he charged his full fee at the beginning only and many times he suggested to my parents to settle with the cops only if you pay few lacks to cops they will remove your name from the case…every time my father said we already spent enough money and we don’t want to spend any single penny and we will go through court only. Now this lawyer is saying High court asked me the amendment as this case is transferred from one P.S. to other P.S. and certified copy of F.I.R and he is saying he don’t know how much time it will take to get the certified copy of F.I.R as lower courts will not issue these kind of things fast that’s why I suggested you guys pay some money to cops. I am suspecting this may be the way for some lawyers to make the money.



Now my questions are


Do my parents need to go to Hyd police station for every two months even they didn’t received any written proof from the cops saying that your case was transferred to this P.S.



Is my USA divorce are valid in India. If not is there is any procedure to make them valid or I have to apply fresh divorce in India?



If I apply divorce in India how much time it will take to get the divorce there?

We never saw each other from May 2010 to Till Now.



Can someone please suggest me good family lawyers in Hyderabad high court? I am ready to pay whatever their fee but I don’t want any gambling lawyers.



Thanks in Advance for your help.


 7 Replies


Dear Sir,

You can speak to me to get proper legal advice in your case.


naren (Consulltant)     18 April 2012

For searching good lawyerson LCI , please check their activity here. Whether their main purpose here is to help victims or to search clients. there are many experts on LCI who give good advice to victims to help them without expecting in return. Beware of lawyers like one gentleman here as I have never seen him giving any advice to anyone expect asking them to contact him.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     18 April 2012

You must take out side advice from other expert showing all papers.


Rightly pointed by Ashish


rightly pointed by naren.

manish (cdsdfasd sdf)     22 April 2012

Mohan, contact SIF, USA.. there are many stories like urs but our indian laws are based on the presumption that married males and their family members are guilty until proven innocent.. You are lucky that the names of your dog or ur cat or ur horse is not in the FIR.. :)

dont try to settle with money because there will be no end.. try to learn something about this law and join some forums which will give u more knowledge..  dont know which u r from - i m sure u will get a lot of people frm SIF who will help you for free.. Never give money in advance to lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register