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False 498A case filed by wife, please advise what to do ?
31-Jan-2023 (In Criminal Law)
My brother got married in dec 2011 with a girl whom we found out later after marriage had betrayed us only the reason for going to united states and was having an affair with someone else here in india. Finally when girl's family knew that my brother is not going to sponser her in US, sister-in-law filed a 498a case against my family in which she included my name too. Marriage was in Hoshiarpur,punjab and after week of marriage we went to US. i didn't knew what was going on here in india. when i came here in india on feb 26,2016 for my marriage i got arrested at delhi international airport and they took my passport too.Now that girl took divorce and is married now and i am not having any allegation aggainst me and filed quashing case in chandigarh high court and no justice is given to me since one year. i dont know what to do.
Yes the process can be initiated while he is in india but will be culminated after 6 months. His absence on second hearing can be waived off. The divorce will however be granted on the second hearing on expiry of 6 months.
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You are requested to contact with all the supporting documents regarding your case. Since it is unfair to refrain you from leaving the country. I need to go into details of the matter. Kindly contact me with documents.
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Adv. Gaurav Pathak
Chandigarh | 100+ Answers
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Kindly tell me the exact case number vide which the case is pending in Chandigarh so that I can help you out. I will also be requiring copy of First Information Report to see how many sections/charges were imposed upon you
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Adv. Ankit Aggarwal
Chandigarh | 25+ Answers
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Divorce does not end the 498 proceedings. In your case you have already availed the remedy available to you. As you have gone for quashing before the Punjab And Haryana High Court at chandigarh. You can file a complaint before the punjab state commission for NRIs also. That will exert pressure on the other party, and that will help you.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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