Legal Question in Criminal Law in India
information require
we are hindu got married under hindu marriage act.I work in US on h1 visa.I have filed for divorce in US.After that my wife has lodge 498a against me and my family members.She has also mentioned that her jwellery are in my parents posession which is true.Even i have admitted it in US court.
My parents and my wife lives in two different state.My parents returned from US two months ago.My wife emailed me one month ago asking me about wehre are her jewellery.She has not lodge 406.
But in 498a she has mentioned that her jewellery are in my parents possession.
My question is as i have filed divorce in US one and half months ago and have beedn living seperately for last 7 months then why i have not returned her jewelleries?I even did not reply her email asking me about where are her jewelleries.Can this go against me and my parents even though she has not lodge 406?
6 Answers from Attorneys
Re: information require
So you want your wife to file a case U/s.406. Go ahead and advise her suitably.
Re: information require
whatever may be your defence, u need to hire a lawyer in india to protect your interest and also seek anticipatory bail for yourself and your parents. in which state your wife has lodged an f.i.r.
Re: information require
When did your wife lodged a 498A against you and your parents.
When you have already filed for divorce did she receive notice from the court where you have filed and it is then after did she file 498A against you.
Regarding jewelery when did she leave me you and were you aware of her leaving with what?
Be specif then only any solution can be give.
Re: information require
Hello.
Good Afternoon.
I would advise you to hire lawyer as soon as you can and seek anticipatory bail for yourself and parents.
Please mail me all the facts which includes date of marriage place and state of FIR.
Re: information require
First check out whether your filing divorce in US is valid as US court may not have jurisdiction and even if it grants divorce is it valid in india.
Re: information require
(a) Your divorce petition in USA is not maintainable;
(b) Even if you get divorce from US court, that decree will have no legal value in India;
(c) The proposed divorce decree may rather go against you in India strenghening your wife's case of cruelty.
(d) You and your parents may be arrested and face criminal prosecution u/s 406 and 498-A as also under DVA.
(e) Even if your wife has not lodged a complaint u/s 406 or DVA, the police / court may add all relevant provisions at the appropriate time.
Advice : You should consider immediate settlement with your wife to avoid criminal prosecution against yourself and your parents.
Caution : The criminal case in India against you may also result into your deportation from USA and may permanently debar you from entering USA unless you are VVIP and needed by US Government.
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