Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Die Hard (business)     29 October 2015

NRI fighting 498a and divorce from abroad

Dear experts,

Here is brief intro about my case:
 
This is 2nd marriage for both me and wife. I'm US citizen. She is Indian citizen. Marriage lasted 4 months before she left with jewels and filed fake police complaint. Her father is a Rogue with political influence. Never had knowledge about 498a and extortion happening in india, otherwise i wouldnt have re-married a divorcee in India.
 
Wife filed police complaint on dowry harrassment which i defended during initial enquiry - no fir registered initially, 2 weeks later she added that i have impotency to the complaint, demanded me to take potency test. I cooperated to police investigation and gave potency test. After knowing test results are positive, she filed direction petition in HC and got FIR registered and she filed divorce on impotency ground asking for annulment (completely hiding test taken by me). She even claimed i abused my ex, concealed my impotency and married her. My ex (in US) who is on a vengeance spree against me (since she lost her divorce case in US) is gladly helping my wife and they both are actively gathering fake evidences against me. angel
 
498a Case status:  Chargesheet submitted to court, summons served to A2 and A3; A1 was not served summons and currently working in US - Im charged under sections 498a, 419, 406
 
Divorce case status: Filed by her; I gave POA to father, attended first appearance and attended 3 counselling sessions ; Mediation failed - she filed sec 151 crpc demanding me to take potency test and filed sec 25 HMA asking 1 CRORE ; I haven't filed my counter yet
  1. For criminal case, what are all the counter cases relevant to my case that i can file against her and when do i qualify to do so?. 
  2. This girl and her father are after my money and I need to make sure they don't get a penny from me! How do i deny maintenance and defend the annulment/divorce case filed by her? What counter cases i can file and when?
  3. If she files Sec 25, what is her intent? Is she aware Sec 25 permanent alimony is applicable only after the decree is awarded? or using Sec 25 can she ask interim maintenance? please clarify.
  4. I'm not submitting myself to potency test again as i already proved during police investigation. Will the court order me to do the test again? if the court says so, can i tell judge if the re-test turns positive again, wife need to go to jail?
  5. Please advise what are my options, how should i proceed and what are your advices/strategy to effectively fight this case from USA with POA and bring these b*st*rds down
  6. I'm willing to go for speedy trial (if they deny quash) and also willing to travel to india to attend 498a trial and hearings(atleast once a month), i have solid recording proof of their threats, blackmail and recordings to expose their lies,
  7. Lawyers are telling me that i cannot file defamation or file any counter cases from US and i need to be in india to file counter cases as I'm A1, is it true? cant my father (A2) initiate the cases using my POA and can i join during the trial dates/evidence stage?
Looking forward to your reply. Thanks in advance.


Learning

 7 Replies

498 warrior (gd)     13 November 2015

This is not the right time to file counter cases :-)

FightforGood (Specialist)     19 November 2015

If you are a US Citizen, why dont you try divorce from US itself? Have you checked the local divorce attorneys over there? Once you filed the divorce in US, your attorney will be giving you some docs to file it in India too. But US court might provide you divorce decree if she is not fighting against your case. You will get valid divorce decree at US...

Note- Am not a lawyer. this is one of the option i heard when i tried to deal mine..

Die Hard (business)     06 February 2016

Just wanted to give an update: 

- I've decided to wait on filing counter cases until i secure a win in either divorce or 498a

- Applied for Speedy trial in high court and got order in my favor 

- Booked flight tickets, Made my first appearance in 498a trial court and filed Section 205 for personal exemption and successfully travelled back to US (without Passport impounding drama). Girl's side opposed 205 petition and judge asked them to give counter in next hearing - Hopefully 205 petition must be approved as i have valid grounds of working abroad and my livelihood is in usa

- In Family court, my Power of attorney petition is still pending and the judge has changed. Girl's side has opposed my POA petition. Hopefully in next hearing POA petition will be decided. Filing my divorce counter during next family court hearing and looking to get a date from judge for yet another potency test (once i finish the test positive, her annulment (null and void) petition should hopefully be dismissed)

Will keep you guys posted.. Thanks for all the help and for all the knowledge i gained about 498a

 

 

@FightforGood i haven't ruled out that option of filing divorce in US but i just wanted to wait it out as there is a huge possiblity her annulment case will be dismissed after i take potency test and proved potency. Then i think the girl has to earn divorce from me and i can file divorce anytime based on cruelty ground. So, filing divorce in US may not be necessary

 

 

jaig   26 April 2016

I am amazed to read your story, mine is very similar.. I'm US ased NRI, DV pending ... anticipating 498A next. Though I don't have citizenship in US and can relocate to India to handle frequent request of presence if required.

How do you manage to visit India from US once a month ? for how many days ? ... In my case also the allegations are frivolous and those will not last till end... I think she also knows it. but the matter is more cornering at gunpoint so that the husband breaks in negotiation.. years of trauma, frequent summons by IO whch will make life difficult for NRI.

 

 I also hve the exact same questions. will appreciate if any lawyer chimes in.

Die Hard (business)     26 May 2016

UPDATE: MY 205-crpc petition to get exemption from personal appearance got approved!! Cross examination to follow next. I'm so happy to taste the first victory! Hereafter no more passport impounding threats or blackmails! laugh

@jaig. Thanks for responding. I never visit india from US once a month. The last time i went was to kickoff the 498a case and to make my first appearance in that case. Never go for negotiation. Just fight hard and try to move 205 Cr.p.c petition and apply for Speedy trial at the same time to high court. Both the applications won't be approved by High court but they don't get denied either. High court will mention in their order to advise the magistrate in lower court to make a decision after verifying facts. Lower court magistrate asked for Letter from US employer to verify that i still work there and after i provide that info, the magistrate gave an order approving my 205 petition also mentioning facts from High court. So, the b**ch can't contest this from high court even.

Now i can work peacefully and can appear in criminal court only when my presence is "really mandatory". Good luck to you. I'll attach the order copy sometime later.

 

 


(Guest)
  1. Congratulations. I really appreciate your focus and execution. 
  2. If more husbands act like you it will become common knowledge of the land that filing 498A on frivolous matter is not only fruitless but also a suicide mission. 
  3. For maintenance, refuse to pay a single penny even if awarded. Make sure you have no property on your name in India, sell if any. 
  4. You are US citizen. Indian court can keep issuing notices and blah blah but eventually they cannot do anything to you. If you have smart lawyer you can pay one or two months maintenance and stop everytime the case starts reaching a stage of very adverse orders. You can easily drag her for 5 years this way. 
1 Like

Die Hard (business)     27 May 2016

Thanks for the kind words @autohide147! 

Regarding your Point no. 3) , i got that covered already. I've gifted the property to my mother even before FIR got registered (but i did that only after she filed annulment petition in Family court - not sure if that matters). 

4) Exactly. My goal is to save my parents first from this mess with a win in 498a and putting effort to set aside her annulment petition (just by proving my potency) within a year and denying divorce forever and to make her beg for divorce!! The Bi**ch and the pimp (father-in-law) should have learnt the lesson by then!


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