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tanmoy (.....)     11 December 2012

Need help for 498a and get rid of 498a girl

0. After marriage, she used to hit me, threashed me, and forced me to immediately repay her loan..i have those email with bank documents.

1. False case filed and father went to jail. and it was published in the local news paper. my father got bail 15 days once i said i will stay with her and forced to do that. I went to abroad after that. Rest of us got bail. i was in abroad when court gave me bail but was in India when case was filed.

2. girls wants to stay but i don't want

3. Bail cancellation was applied but rejected

4. First investigation officer who initiate the case, did not submit charge sheet and asked to close the case

5. Re-investigation was applied and court ordered the same. I have the audio recording how she was talking to me. even i do have recording where they said that they have done wrong.

6. Charge sheet yet to be filed by new IO.

7. have not filed divorce yeet.

8. what should i do after IO file charge sheet ? should go ahead for quash to high court for false case ? or wait for trail ?

9. After charge sheet what are case i can file against them ?

10. I am in abroad. is it good to visit India? i am bit scared that once i visit they might file some other case and hold/cancel visa etc and forced me to take her...I become job less..

12. My main intention is get rid of her. should i file divorce after charge-sheet submission ? i am already 31... my wife is 29... Please let me know your suggestion.


 9 Replies

Samuel (CEO)     11 December 2012

Dear Poster:

> When you are staged or a victim of 498a first a fall " Fearless" and be proactive.., thats the magic to win over.

> Second of all, Consult a trust worthy lawyer and have them a for all legal consult. Note( this legal forum is a plus but getting absolute solution is not guarantee unless an expert reply to your query.)

> Feel Fear free to come India, if you have to loose Job once you come India be at different location and have POA..

> You can apply for Divorce, yes recording will count- let the recording be stick with original device.

List of counter cases you can file against:


tanmoy (.....)     11 December 2012

- I am fearless to continue fight but i am worried about Musle power of people.  Although my inlaws have lots of influenced and contact till ministry, still i was not scared to send letter to PM, CM, president etc about false case.

- Lets assume that i visit to india and inlaws come to know about it.. will they block passport and visa ? I came to know that there are a judgement where supreme court said that passport can not be impounded since it will affect job. How much is true and followed in lower and high court ?

- can I file counter case after charge sheet without moving to trail stage ? 

- can i file divorce from abroad ?

Samuel (CEO)     11 December 2012

Lets assume that i visit to india and inlaws come to know about it.. will they block passport and visa ? I came to know that there are a judgement where supreme court said that passport can not be impounded since it will affect job


- If your FIL can buy police they can do it under covered. But you get it eventually help of Lawyer.


can i file divorce from abroad ?

Depend on the country in which you are living.

I have had experience from US, Yes you can ask for divorce from US and you can payt for mediator for MCD. - I am not sure on contested divorce from other country...

Lets wait for experts to bless on this questions. 

tanmoy (.....)     16 December 2012

Hi Expert,

Is it possible that i go to india for a visit and they file some other false criminal cases to stop my travel and i losse my job..

If that is the case, it it possible for me to apply bail and court will give permission to come to abroad for job ?

Is there any way to avoid this situation in advance..

Msk-need -nuetral- laws (self)     18 December 2012

Dear tanmoy,

it is not easier to file 498a now withour concrete evidence provided to police officer not below the cadre of ACP and then CAW cell acceptance. For DV the PO officer had to agree to file DV case. So no worry, also get AB in advance once you landed India, now passport cannot be impounded as per SC directives, so dont worry of your travel to India.


Zubair (aaa)     18 December 2012

@ Mani,

Who says its difficult to file Dv now days. I had this misconception and on my lawyers advice filed RCR, Immediately withing 4 days arrest warrants were issued and police at our door steps. No inquiry no investigation direct arrest. Now the PO is runnig to justify his actions as he put some previos dates on FIR.

Anything and everything can happen in INDIA. Always be prepared.

tanmoy (.....)     18 December 2012


I have confirmed AB bail for 498a. since girl wants to stay, but i dont want to stay..

my doubt is is it possible for them to file some other false cases and does not allow me to fly back to abroad?

If yes, what shall be the precaution, I should take in advance to avoid this ?

Msk-need -nuetral- laws (self)     18 December 2012

While I second advise of " always be prepared "  what you quoted is possible in some cases. I said difficult and not impossible.In his case, he is in US and returning only now; how he can be booked under DV, when domestic relationship is not at all prevalent.  Will teh PO even fool to regsiter Dv complaint when he was in US?? or DV is something anywhere in globe wife can complaint husband at anywhere? 

@tanmay there are many sections , so difficult to judge what will land in your door, please engage a lawyer from day one of your arrival and get prepared for situation.

Zubair (aaa)     18 December 2012

@ Mani, Very true any case can land up at any time.

I shared because it happened in my case, people who were not in teh country were put in the fir, no investigation, now PO is running to justify himself. Basically saying anybody can be charged any time.

Hence shred.

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