- This topic has 4 replies, 1 voice, and was last updated 11 years, 11 months ago by Anonymous.
12/08/2009 at 9:04 AM #35AnonymousGuest
I am a NRI and my wife went back to India and filed false 498a against me and my family. What should I do ?
12/08/2009 at 9:07 AM #728AnonymousGuest
File a divorce petition in the place where you currently reside (provided you are eligible to file a petition based on the local laws).
Get anticipatory bail or bail depending on the current situation for your parents in India. After you obtain your divorce get it legalized in India.
If your false 498a case does not get quashed easily file counter cases against her for forgery and defamation etc to make your case stronger and for a possible quick settlement.
Get in touch with our members,There are Helpline numbers outside India too.
26/08/2009 at 9:11 PM #729AnonymousGuest
I m NRI and I divorced my wife thru Qazi in India as per Muslim Pesonal law and practice. After two month she filed false 498A. Police made accused to me and my father. My father got bail. Now bail petition for me is under hearing. If I get bail, should I travel to India to appear in court to formalise the bail? If I travel India, Can I return to my job without any legal obstacle or objection? Pls reply me. Thanks.
27/08/2009 at 12:34 AM #730AnonymousGuest
If your wife has filed case against you in India take following steps.
1. First thing is safety of your family, get them underground so Police can not harrass them. Then get them anticipatory bail or in the states where there is no AB, get them arresting stay on grounds such as the family has got no role in the situation or never/hardly lived with you etc.
2. Either go to India quickly and Dont go to India till you get anticipatory bail there. The reason to go to India for a quick visit is to get a lawyer and discuss the plans and sign papers like giving power of attorney to your father/.brother who can fight on your behalf. If possible get AB or for the states where there is no anticipatory bail, get arresting stay.
3. Your family in India will need a lot of support, keep talking to them.
4. Dont get into the racket of Police where they tell you things like they can get your family members out of FIR for something like 50,000 Rs etc.
5. If you have not done anything wrong, there is no reason you will not win, so gather courage to fight this evil.
6. Gather evidence against the complaints of your wife. Get a good means of communication with your family in India. Expect panic calls from them. Be readily availab;e.
7. Increase your knowledge of this case by reading books like 498a survival kit.
8. Tell your family to contact SIF team. Do your hard work online by following e mails in group and reading judgments etc from the sites developed by this group.
9. File counter cases against your wife and her family members. You are abroad, they cant do any thing.
10. Local consulate will call you on a later date to cancel you police clearance if you are still on a visa. Dont worry, explain to them what has happened. The ministry writes to consulates to cancel your police clearance. They will not if you tell the true story.
11. Even if they cancel your police clearance, they can not deport you as long as you have your visa. If you are PR, you r safe for ever, you might not be able to travel to India till case is going on.
12. Explain top your employer what problems you are facing as 498a girls send complaints to your employer, foreign ministries etc to cause you trouble.
13. Once you develop a strong case, come to India, face it, blast them.
NRI fighting case in India with above plan.
27/08/2009 at 11:52 AM #731
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