You are at liberty to file FIR under section 498 A and send copy of said FIR to embassy
if FIR is filed summons woukd be issued to husband
he will have to come to India and apply for anticipatory bail from sessions court
Sir for the above question i have few doubts my husband has photos abd video recordibgs as he planned to take as he is advocates son he planned everuthinv he has photo showing i scratched him my nails i did ghat to defebd my self , and video showing that i took knife but dibt hurt myself i did that to stop him .and way back my own message saying i want a mutual divorce and all that i fid not to intentionally its from 2022 .we have good duri g 2023 now i dont know why he is doing all thsese he left to usa without telling me . Can i file 498a and send that fir to embassy ? Beacause he is in usa he thinks i cannot do anythinng please advice if i file 498a and send the fir to embassy will he come to india and loose his job in usa ? And never go back to usa again ?
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You are at liberty to file FIR under section 498 A and send copy of said FIR to embassy
if FIR is filed summons woukd be issued to husband
he will have to come to India and apply for anticipatory bail from sessions court
Sir if he gets bail can he go back to USA and work again ? Even though if I send for to embassy and his employer ?
If you are aggrieved you can give a complaint agaisnt him for the alleged offences including the proposed false complaint for dowry harassment.
Remember that it is the duty of the police to register the FIR or not on yor complaint.
Even if a FIR is registered the police have no power to send the copy of the FIR to the Indian embassy situated in that country.
Besides the Indian embassy will not entertain any such issues neither they can take any action to deport him to India.
The procedure to be followed is that you can lodge a criminal complaint against him after which if the offence is cognizable, the police may register FIR. In fact the offence under 498a is bailable in Andhra Pradesh, hence the police cannot go beyond registering FIR, they will send summons to his home address and if necessary they can send the summons to his foreign address if you are able to provide them his foreign address.
But that summons cannot bring him to India.
It is for the police to decide about issuing LOC if the accused is not traceable even after a year of registering the FIR.
In that case he can be arrested sooner he lands in any Indian airport
As mentioned in my previous post, neither the police has powers to send the FIR to Indian embassy nor to his employer.
Your personal complaint to his employer or the Indian embassy at USA will also not be entertained.
If he has deserted you here then you file a RCR case against him and get an order in your favor after which you can get his property attached by a court order which will make him run to you for compromise but this process also is a time consuming process.
He can go abroad for work purposes
if court imposes conditions of travel while granting anticipatory bail he would need court permission to travel abroad
- Since, your husband has deserted you; hence you can take legal actions against him.
- Firstly, you can lodge a complaint with the police &CWC, against him and his family members.
- If they will not come forward for reconciliation before the CWC, then they will lodge an FIR against him and his family members under section 498a.
- If, you want to continue, with him, then you should file a suit for Restitution for conjugal right before the family court.
- Further, you can also file a petition under the Domestic violence Act as well and also can ask for your maintenance as well.
- Court has its power to call your husband from Philippines, under the following provisions, i.e.
The Ministry of External Affairs', has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) husbands for deserting their wives.
1. Yes if there is incident of physical and mental torture FIR u/s 498A can be registered.
2. Once FIR is registered it is the job of the police to inform hi via e-mail or posts to come for interrogation.
3. Your case has nothing to do with his loosing job.
4. There is no way you can restrain him to India for ever only by way of 498A case.
in matrimonial cases, husband or in-laws gets bail easily and nobody can stop him to travel abroad until and unless the USA government cancel his VISA.
he will come to INDIA or not it is his discretion and by using 498A IPC you can not force him to come.
if you are ready to live with him then it will be better to file a petition under section 9 of The Hindu Marriage Act, 1955 for restitution of conjugal rights.
1. Your wish is to run a conjugal life with him or to take revenge on him? You can certainly file a 498A police complaint giving details of his present USA address and pursue the police to register FIR based on your said complaint. In that case, the Court Summons will be served upon him at his USA address.
2. In the above event, he will have to appear before the Court personally since it is a criminal case, to defend him.
3. He may not be arrested and may avail anticipatory bail and return to USA with Court's permission after appearing before the Court.
1.He can certainly apply for and obtain anticipatory bail and return to USA after appearing before the Court.
2. There is no legal role to play by the Embassy or Employer in the instant case since filing of 498A case by wife seeking revenge on the husband is very common now a days.
Yes he can go to USA but he had to attend the proceeding through lawyer in india na comply court directives
I understand you're in a difficult situation with your NRI husband who deserted you. Here's some information that might help, but it's important to remember this isn't legal advice.
Understanding Your Situation:
Desertion: Desertion is a ground for seeking divorce in India. You can file for divorce based on this.Domestic Violence: The photos and videos your husband might be using could be considered evidence of domestic violence. However, the act of taking a knife to defend yourself might be viewed differently in court.498A: Section 498A is a law to protect women from cruelty by their husbands or in-laws. It's a serious offense, and filing a false case can have legal repercussions.
Recommendations:
Consult a Lawyer: A lawyer specializing in family law and NRI cases can advise you on the best course of action considering your specific situation, evidence, and desired outcome (divorce, reconciliation, etc.)Gather Evidence: Collect any proof you have of desertion, domestic violence, or any communication with your husband.
Regarding 498A and Embassy:
Filing 498A: Filing 498A can initiate a legal process against your husband in India. Whether it compels him to return or impacts his job depends on the case and US-India legal agreements.Embassy and Employer: Indian embassies typically don't get involved in domestic disputes. While informing his employer is an option, it's important to be aware of potential legal ramifications in the US for such actions.