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Author Topic: 406/498a IPC against me & parents.  (Read 1538 times)

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Offline rightyawrong

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406/498a IPC against me & parents.
« on: March 26, 2017, 03:56:01 AM »
I was married in Nov 2012 in India (Arrange Marriage), Before that I was staying in US since Noví11.
We went for honeymoon & 15 days after getting married, I went back to US (Mid Nov) & 1 month after that (Mid Dec) my wife also came to US (Took 1 year leave from her office). We stayed together for 1 year & then she went back to India in Dec'13 to resign so that she could come back & look for a job in US. During this stay my wife stayed with my parents for less than 1 month, rest of the Time she stayed with her parents. I went to India in Feb & we came back to US together in March'14. We started having issues & it went from bad to worse. In Sep'14 my parents came to US & went back in Mar'15.

Meanwhile we had a baby in July'15. My wife's parents came from India. Her father stayed for 1 month & her mother stayed till Jan'16. Our fights continued. She even called the cops once without any reason just to show that she is the boss. She manhandled me & when I said that I will show the her nail marks on my arm to the cops she said lets not do it & sent the cops away. We told them it was a heated argument. So no case was filed.

My parents came to US again in Feb'16 but due to my wife's bad behavior & threats they had to leave within a month. They went back in March'16. I also moved out.My wife filed a case of child support in US court asking for money for our child in March'16.  I got the summons & was asked by court to pay monthly amount.She has a visa and was working since Oct'15. She took a break before that coz of pregnancy.

We did not reconcile after my many attempts & she did not let me meet my baby so I had no option but to file for divorce & ask for shared child custody. I filed this in June'16. I have since been given half child custody (Decided Sepí16) & I am paying monthly for baby's support (Decided Janí17) as decided by the court. Negotiations are now on for divorce now. Child custody & support have been decided in my wife's presence & I have signed documents from her.

406/498a IPC against me & my family
Meanwhile my wife's father filed a case of 406/498a against my parents, me & my brother in India in Sep'16.
Police found nothing against my brother so he is not in the complaint anymore. Police came to arrest my parents & they had to  go through an extremely tough time. My parents got bail after 1 month. But the cops are still after me & visit my home to arrest me. They are telling my parents that call your son else we will ask the embassy to get him back to India.

We did not take any kind of dowry from the other side. No property, no cash, no household stuff.
Her parents gave her jewelry & we gave her jewelry like in a traditional hindu family. She has all the jewelry now even though she says I have the jewelry. they gave rings to some of our relatives which we have given back to the police as part of the process where we have to submit my wife's belongings.

In the FIR her father has lied all over. Like expenditure, dowry, harassment, physical fights, not wanting the child, my demand for car & house and what not. Everything is a lie.

We are really worried. My parents cry everyday & I am afraid that I will be asked to go back to India.
I am not even sure that its a valid case since both of us are staying in US, divorce case is going on here.
My wife & her parents want to hurt us & want money.

My lawyer in India is planning to file a case for quashing but we are not sure about what will happen.
He told me that he is looking for stay & once we get that I will not have to come back to India.
If we do not get a stay then we have to apply for anticipatory bail for me & if that is not approved then I will have to come back to India. If I go back to India then I will lose custody of my child here in US & resolving this case in India will take years. My future is all messed up.

-What are the chances of the case being quashed?
-Can I be called from US based on all this?
-What can I do to avoid going back to India?
-What can we do to get us out from this situation?

Any kind of suggestion or help would be really appreciated.

Offline advocate.kapilc

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Re: 406/498a IPC against me & parents.
« Reply #1 on: April 11, 2017, 09:57:01 AM »

If you are seeking any opinion on quashing, you need to share the documents first.

If the case is totally false, you can get an anticipatory bail. For documents sharing you can call and discuss regarding the same.
Warm Regards

Kapil Chandna Advocate
« Last Edit: April 01, 2018, 08:50:29 PM by admin »

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