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Subha Datta (STudent)     28 December 2014

Nri husband

My husband is living in UK. Last 8 months don't keep any contact and don't tell me about his address or work. Don't want to go for MCD and threatens me saying that he won't give me divorce. He might have married someone there(I don't have any proof) and he won't come back to India

Now to get the divorce or to force him to come back to India I am thinking to file 498a which I didn't want, but as he is not co-operating, I am going to tell the truth to the police, and it seems to be 498 case.

My question is that:

1) will he be able to fight the case from UK without coming here?

2) What will happen if he comes here? will he go to jail?

3) What will happen to me, if he don't come India? How will I get my divorce? 


 3 Replies

Kapil Chandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 December 2014

Dear, He will have to come back sometime or other ..... If you file 498a he is bound to take anticipatory bail otherwise he will be arrested .... And if he absconds he will be declared absconder ..... Kapil Chandna Adv 9899011450

vicky (manager)     29 December 2014

@ Author

dont take extreme step of 498a to just bring him back. Try to resolve matter amicably. Well people around you would firce you not to find solution amicably but to file 498a. You csn file 498a and even you will make him come back to india but chances to take you back is Big zero.

act as per your heart.

Subha Datta (STudent)     29 December 2014

I tried in every way. He doesn't want to take me, and he told he is not going to give me divorce. He will marry there in UK, and I will be harasshed in India. I also have a life. No one has right to ruin my life. And I am not filing false 498. I didn't want to go for 498. But Now I am going to tell the truth to the police, and if that falls under 498 what can I do? I also have right for self-defence. 

So, can you please tell me, what is the best option in this situation? how can 498 help me ? What is the faster way? What step should I take, so that he is forced to solve the problem with me?

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