Legal Question in Criminal Law in India

Hello

My wife and me were married in India in 2008, was abused by my in laws in India and was manhandled .

I moved along with my wife to USA in 2010, she lived here till August 2011 and left back to India. We did not had contacts till now as she did not like our married life.

After 2 years of seperation, after I served my USA court divorce papers, now she has filed a 498a case against me and my family in india which is absolutely false dowry case.

1) I have taken bail in India for my sick mother and my sister, brother, brotherinlaw as they were called to police station. Now they have court hearings.

2) I have applied for divorce in USA and served papers through lawyer in India.

My question is what are those next steps which I need to take to safeguard myself and my family and how to get this quashed this case which is really a false dowry case.

Regards

Mohan


Asked on 10/12/13, 12:05 pm

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

If FIR is registered, then you need to file a petition in High Court to quash the same.If not then registered then, better you compromise or else you and your family will have to face trial in India. Though foreign decrees are valid in India, but to end criminal proceedings the same may not help you. You should try to compromise with her. You may also drop a detailed query at [email protected]

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Answered on 10/14/13, 7:04 am
Shrichand Nahar S.V.Nahar, Advocate

For quashing, one need to approach high court.

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Answered on 10/16/13, 1:28 am


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