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NRI based in Canada implicated in False 498A, 377, DV, 125 CrPC case


16-Jun-2023 (In Divorce Law)
Hello dear advocates. Greetings of the day. I live in Vancouver, married 3 years ago, my wife returned to India 2 weeks ago and now I have found out that I have been implicated in fake matrimonial dispute cases (498A IPC, CrPC 125, DV, 377 IPC). I have the pressure of settling the case by paying huge amount otherwise male members of my family are under threat of fake 376 IPC Rape case. Can I fight and win such a case? Can I file counter cases? Will my family members go to jail? Can I fight the case while being in Canada or do I have to come to India? Can I hire an Indian advocate to represent me while I remain in Canada? If I come to India, will I be arrested on the airport itself? I need divorce from this women, can anything be done? My wife and I, both are Indian citizens, marriage took place in Delhi. My family and my in-laws all live in Delhi.
Answers (6)

Answer #1
739 votes
If the behaviour of your wife is intolerable towards you then you can always file for divorce from India itself because you both belongs to India and also your marriage took place in India. And if she’s filing fake cases then she can also go to jail for defaming the innocent people. In counter you can file for divorce and you can appoint your counsel from Canada and need not come to India unless and until you get a summons for the same. For more legal assistance I am just a call away.

Answer #2
739 votes
If your wife has filed false cases then you would require to engage a lawyer to deal with them in India. Case details needs to be perused for better advice. However bail can also be needed to be procured on the basis of anticipation. Further these conduct of your wife tantamount to cruelty and you can file for divorce in Delhi. For detailed discussion please feel free to contact

Thanks
Answer #3
661 votes
We need more facts on your case n the evidences which you or your family members have for the same !
We need to read the contents of FIR n other details
Kindly b in touch with us to understand the legalities
Answer #4
510 votes
It is very unfortunate that your spouse has filed the false cases against you. Yes you can engage an Indian Lawyer to represent you in all the cases before the Court of law. Under DV and 125 Crpc you will not be arrested, however for 498A you need to seek an Anticipatory bail. Further you may contact for detailed consultation
Answer #5
950 votes
hello clients as i can see your issue ia really very much serious issue no doubt but in this matter things can get i to your fevour as well as uou can also stand as win win position in your case . as you have been given tgreats if fake 376 cases on the male family members in your family do not worrt we can get the things tht no body can get the things fabicricated on your family membera as well as you will also get the divorve from this lady.
Answer #6
998 votes
yes you can definitely fight this case and win the case too if there is evidence in your favour.
you can definitely file counter cases and so can your relatives.
a person having GPA from you can file the case but you would have to attend court proceedings as and when required.
yes you can hire an Indian advocate while staying abroad.
in case an fir is registered against you, you will be arrested.
file for divorce in India.

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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