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Author Topic: Foreign citizen/ 498a case against me in india/ AB - Passport Surrender Risk  (Read 3173 times)

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Offline adrianpl

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I'm unfortunately in a bad situation. I'm a US Citizen and my estranged wife in India has filed a 498a case against me. My parents are on bail currently. I have repeatedly spoken to my estranged wife's side and they are agreeable to withdraw 498 case etc as long as I cooperate for mutual divorce. However they will only withdraw the 498 case after divorce is granted. If i go the mutual 13b manner then I'm required to go to India twice to sign and for the final divorce grant hearing. Now the problem is though they assure me that I will not be arrested etc, i do not trust them and fear that if i apply for anticipatory bail then i have to surrender my U.S passport. I do not want surrender my passport for Anticipatory bail and then get stuck in india as this might cause me to loose my job. Any advice is greatly appreciated.

Offline advcaroltripathi

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ex parte divorce summon received only if 498a case is withdrawn
« Reply #1 on: November 21, 2014, 03:31:27 AM »
tell your wife to file for ex-parte divorce in India, when the notice is served on you, make sure you receive the summons, give power of attorney to your father etc here in India to appear in court along with your lawyer to state that you have  received the summons than the divorce will go through quickly.

this is the best way for you without coming to India.

Tell your wife you will receive the summons only and only if she withdraws the 498a case.

for once make her know the ball is in your court.
Adv Carol Tripathi
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Offline advuma

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If you opt for mutual divorce than make sure all terms and conditions ate clearly mentoned in the petition itself
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam


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