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Mahesh (Analyst)     24 October 2014

Wife travelled to us on h1 with wrong marital status

Hello Everyone,

My wife filed false complaints like 498A, 3DP, 4DP against me and I am roaming around courts since last 2 years. She was not coming to court hearings also but unfortunately as 498A is criminal in nature I just need to attend all the hearings. My personal life and professional life are completely ruined. I cannot even think of travel due to the hearings for the above mentioned cases. I filed divorce 2 years back and I need to attend them as well. I recently came to know that she is in US on H1 and I also came to know that she travelled to US with wrong information regarding her Marital Status. She mentioned herself as 'Single' in both her passport and Visa as well. 

I want to know the process to complain US Embassy and passport office and Her employer about this detail. I have case information and all other detail.
How could she do this to me? Thanks to everyone in advance. Please do help me brothers.

Thanks



Learning

 11 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 October 2014

Please file speedy trial in-person (Without Advocate) in HC on priority else the case with drag life long.  Sample petitions and other clues is there in my links bellow. You can make a petition U/S 205 CrPC for permanent exemption. You can get details on my link. You will appear throgh your lawyer or attorney general. After Speedy Trial you also apply for H1.

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 


Mahesh (Analyst)     24 October 2014

Thanks brother. Can I file anything against my wife as she stated wrong detail in her Visa and passport.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 October 2014

You can complain before US consulate in your home town. They are very strict on false information.

Adv. Chandrasekhar (Advocate)     24 October 2014

Let us try to understand your case without the prism of gender basis.  First passport question- Whether it was prepared before marriage or after marriage?  If before marriage, then you should have no qualms.  But it is after marriage and even then she gave wrong information about her marital status, then you have  to give complaint to the passport authorities asking revocation of passport and initiate criminal action for feeding false information to the Authority.  With the American Embassy you give your complaint and follow up the complaint.  If the Magistrate Court in criminal case U/S. 498-A, took possession of your passport while granting bail, as one of the condition, my real concern raises here and that is why, I am responding this post.  If the complainant has got a right to move anywhere including foreign countries for the purpose of livelihood, then can accused be asked to surrender his passport and forego his right to work abroad?  For me, it appears it violates the fundamental right of accused released on bail to earn his livelihood and this question has to be addressed to give the place of equitous advantage / disadvantage to both the accused / complainant in the criminal matters like Section 498-A etc.  I  say there may be a different proposition can be formulated in criminal cases like Section  376, 394, 304-B etc. but not in Section 498-A.  But this question cannot be decided before Magistrate, but has to be initiated there and go higher up before the H.C. and S.C.

1 Like

Sudhir Kumar, Advocate (Advocate)     24 October 2014

You just want your complaint to file to US.

 

you have forgotten the the PP is issued by Govt of India.Why do not you complaint to Min of External Affarirs regarding this passport.


Rajender Kalra (Men's Rights Activist )     24 October 2014

This can be a very serious offence if proved to be true...The US legal system is very tough...you better write to US consulate....preferably via email for faster response...

Sudhir Kumar, Advocate (Advocate)     24 October 2014

do you think it is not an offense in India.

LoneFighter (IT)     24 October 2014

@Rajendra Kalra:

File a petition in upper courts to release your passport if you have h1 valid right now.

As Chandrasekhar sir suggested... please go ahead and get your passport out of court possession. 

If you could get info on which county or district is she located, probably you could try to get info of DA i.e district attorney of that county and try contacting him. He could be of some help to you.

 

Sudhir Kumar, Advocate (Advocate)     25 October 2014

YOU NEED NOT SPY AROUND THE WHOLE WORD AND WASTE ENERGY.  IF YOU ARE SURE THAT PP IS OBTAINED BY FALSE INFORMATION THEN REPORT MATTER TO MIN OF EXTERNAL AFFAIRS. They know what to do.

Adv k . mahesh (advocate)     25 October 2014

about martial status what document you have to prove that she has shown "single" as 

mere complaining thus not stand solved you have to accompany the proof while complaining to US embassy of your area and also see that the document was before marriage or after marriage the only proceed to give complain at appropriate authorities 


BHUWAN RAJ 09839268489 (lawyer)     26 October 2014

Dear 

You can file a 482 petition in the high court for quashing of proceedings against you on this ground and chances of getting relief are higher excepting on other merits of the case. As far the her false statements are concerned first file a RTI and obtain authentic evidence from the passport and immigration office. For further queries, plz call

Regards

Bhuwan Raj, Adv

cell : 09839268489.

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