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S Kumar (xyz)     29 September 2012

Pls enlighten me-what should i do? issued nbw in 498a case.


Dear Sir(s)

Kindly allow me to introduce  myself, My name is Rakesh and I ‘m living aboard since May, 2003 & I well settled tere and married with a foreign girl. I visited my brother marriage in Indian in October 2008 and I stayed there for 2 days & return back to my resident country.

After one month, I heard from my parents that My brother's wife are mentally Ill and taking medicine which was never told by her parents and day by day her behavior was changing and she became like a wild animals and tried to beat my family members. A long story which may waste your precious time, so I would like to say in short that we accused her father about her sickness but he didn't listen and force his police power on my family member because he is in L.I.U Department. . Her parents ensnared my family and never explore her illness with us and we later come to know that my brother’s wife was undergo a 6 month mental treatment.Finally, we lost all hope and filled divorce case and on the same day, she threat us and filled false 498a case against my family and all relative.

We took the stay from High court but after three years the case vacate and transferred to our home court. My parents and my brother all got the bail but I couldn't visit India so the local judge has issued the NBW against me.

Kindly enlighten me how can I overcome from this problem.  Is there any chance or writ which can give me relief?


Your further response would be highly appreciated


With Kind Regards

Rakesh Kumar.




 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 September 2012

you can get bail. plz send your details and copy of FIR .My email ID:

Bhawani Mahapatra (Law Officer)     29 September 2012

Dear S.Kumar

I am surprised, how your name is placed in the chargesheet in the case u/s498A. As you have told you are away from your home since 2008, how you subjected cruelty to a person in India (though its not impossible to subject to cruelty even if one is not staying with the family)

If you have received summon from the trial court, you can contact a lawyer here, who can file a petition at the concern High Court for quashing the FIR/Charge sheet or deletion of your name from the charge sheet. If you succeed, then the NBW will have no force.

S Kumar (xyz)     29 September 2012

Dear Sir,

My brother's father in law is in Police department (L.I.U) Sub Inspector post and his boss helped him a lot and harrashed my family, we tried to send the application in RTI and other department but he and his boss changed all evidence and got in his own favor, my visa and all details is in my passport and now they used the power in local  court and issued the NBW in my favor, before this they tried to impound my passport but luckily I escaped, I dont know what should I do? if i will go to Indian they will arrest me immediate and if I will not go to india then he will again use his power and impound my passport.

I have my family here which is depandable on me, in such situation what about my family?

Kindly again update to me? should I contact Indian embassy and tell them my situation and ask for their help? I am very much confused now? My brother father in law is demanding 25 Lakh rupees and blackmailing us. We are all very upset.


With Kind Regards

S Kumar.

S Kumar (xyz)     29 September 2012

Dear Sir,

This case is pending in Agra, UP, do you know any good lawyer there who can really help us?

Please let me know?

With Kind regards

S Kumar.


Dear Querist,


The proceedings against you are manifestly motivated and a complete abuse of the process of law which can be remedied by invoking the inherent jurisdiction of the High Court. Law cannot be made an instrument of oppression in the hands of the complainant.

Ashish Davessar


Supreme Court of India

2 Like

S Kumar (xyz)     30 September 2012

Dear Sir,

This is a very good business and a weapon which has given to b*tch to harrash and screw the whole family even relative too. On First Inquiry by police department, They filed only 3 persons name in 498a charge sheet my parents and brother who unfortunately married with b*tch. But later her father used his power and convinced to DIG & then he pressured police department and after without any further enquiry they filed the name of 11 persons Including me, the police proved me as a "Bhgoda" even I am living aborad from 2003 and I have all evidence Immigration stamp etc and all my relative is living in 600 km away from our place. How can we trust on Indian law and police? we send lot of letters everywhere but useless.. his C/O (His name is Kapil), he openly chellenged us and said wherever you will go and hire any lawyer, all are my people, let see how will you get the Justice" Now the main question is that how can I get the stay on NBW without coming to India, we were on stay and it was vacate by Allahabad High court. is there any chance to get the stay on NBW and then we again try to quash the false which were manifestly motivated on me. Should I contact to Indian Embassy and Passport Authorities and ask them to help in this matter, because I heard that the desicion of Impunding passport is in hand of passport Authority and there is very rare chance to impound the passport, its a very complex process, please guide me. 

With Kind Regards

S Kumar 

Ashimta Lekhi Malhotra (Independent Lawyer)     01 October 2012

Succinctly answered by Ashish ji.

S Kumar (xyz)     01 October 2012

Thank you so much for your reply!

But is there any guideline whch can help me and my family? what step we have to take further?

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