Legal Question in Family Law in India
Hi, I am a NRI. I am an indian citizen, got married in India as per hindu marraige act and customs. i am having US work permit and have been working in US. my wife filed a false 498a case against me in india.the indian court issued NBW against me. NBW is pending against me.as I am not coming to India to face the trail, the magistrate directed the passport officer to impound the passport. the passport officer impounded my passport. as i am going to get USA green card in one year, I am bothering about passport impounding.any how the interpol is not issueing red corner notices based on 498a cases these days. this case is pending in indian court since 2 years. I have some property in india on my name. I have no plans to come to India. as it is a false 498 a case, i do not want to spoil my life by coming to india and face the trail.I have few questions
1) I have no plans to come to India. i will settle in US only. in this case, what happens if I ignore the passport impounding. ? what is the next step does the indian court take after passport impounding?
2) what does the indian court do if I do not come to india for ever?
3) As I am willfully avoiding the indian court proceedings and intentionally delaying the case for years together, I heared that my wife is going to file suit against me in the court asking for 50 lacs rupess for intentionally delaying the court proceedings . (I am unable to express the exact words. getting the justice quickly is every man right. as I am willfully and intentionally avoiding the court proceedings, she is going to file damages/compensation from me for my intentionaaly delay) . is it possible to her?, does the indian court allow this type of cases and grant such amount?
pls let me know. thanks in advance.
3 Answers from Attorneys
(1) If you ignore the passport impounding, the Indian Embessy in USA may take up the matter with US Govt and your green card process may be cancelled.
(2) If you do not respond to the Arrest Warrants, the Court may declare you as a "Proclaimed Offender". The US Embessy in India may inform the US Govt about your being a "PO" and the US Govt may deport you to India to face trial.
(3) Yes, the damages claimed may be awarded; your property, if any, in India may be attached and sold.
You are advised to visit India, appear in the Court, seek bail, and negotiate a compromise with your wife. It may be in your interest to avoid litigation and reach an out of court settlement.
Your wife may also visit USA. She may be entitled to a visa / green card under the category of "domestic violence victim". She may also claim maintenance/spousal support from US courts, if she visits USA.
Your wife may also make a complaint to appropriate authorities, including ICE, in USA and may seek your deportation for facing criminal prosecution /trial in India.
court cases are similar to a disease, once you ignore it, it will keep affecting your life in some manner or the other. you just need to hire a lawyer who would get your NBWs cancelled and at the same time seek your anticipatory bail. he would also get your passport released and you can seek permanent exemption from appearance in the court of MM for the trial of 498a. better not ignore the legal cases and fight them through a lawyer in india otherwise the decree of money can be executed through the ministry of external affairs or the red corner notice can be issued in case your wife choose to file a complaint under domestic violence act. let not that situation arise and save yourself.
1. You are effectively asking a second question in succession about how to protect yourself after committing crimes and evade law. I answered your first query where I advised you to surrender before the Magistrate even if you think 498A case is false and that can be fought.
2. No point in getting a green card in USA when eventually your Amercian citizenship could get spoilt because of pending criminal warrant.
You may lose your Amercian citizenship status because of this.
3. It is possible for Indian court to grant punitive damages.
Act quickly and put your life in order by compliance to law.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
