After judgment by SC in Rajesh Sharma’s case revoking pp is out of question. You need to fight the case on merit in trial Court. You can also seek quash of FIR, it will be quashed against old parents and as alternate relief you can seek exemption from appearance in Court. Give your parent GPA or sign a special vakalath to avoid LOC against you.
NRI facing false allegations of dowry and domestic violence (498a, 506 IPC, 4,6 DPA)
My wife has psychological issues and suicidal tendency and we got to know when she moved to my parents house after 9 months of marriage and when she started doing wired things my family informed her parents and rushed her to hospital thinking she might had fits as she behave like seizure. Then we got awareness, the entire family is a group of liars and frauds. They knowingly married the girl to me despite her illness. The evidence supporting my assertion stems from their deceit; we discovered the girl was not residing at her parents' house but elsewhere. Despite her communication with me, she never disclosed the truth about her whereabouts. When my mother visited her parents' house to inquire about her well-being, they falsely claimed she had gone for a walk but her location on the mobile i gave to her showed she was in different location. Additionally, the girl was caught lying by sending me three-year-old photos from the internet, when i asked about her whereabouts. The worst part is that the girl and her parents threatened my family with rowdies and criminals. At the very least, they attacked my family in our own home. They even threatened to kill. For which we have filled a case against my wife and her family with 448,324,504,506,r/w 34 IPC It was now clear that the girl's family married her with ulterior motives, seeking financial gain. They engaged in scams and fraud to exploit us for money. After few weeks my wife staying with her parents in India, filled false allegations of dowry and domestic violence on me and my family. After couple of months I have received 41A notice and I'm in Italy and cannot travel back to India. Couple of weeks later my family received the 41A notice and they went to police station for investigation with our lawyer and came back. And waiting for the false case of dowry and domestic violence to proceed at court and we will prove her false allegations in court. Meanwhile after couple of weeks I got a call from consulate general of India Milan saying I need to visit consulate. After asking them few time about the reason and why, they said my wife complained them about the dowry harassment and domestic violence asking to revoke my passport and consulate wants me to visit the consulate office and give my end statement so that they can reply to my wife's emails.(this was communicated only on call not through email) I need an expert lawyer who can give me guidance and help to defend myself legally. Note : after marriage I stayed with my wife for about a month and then visited India 2 times in between for 2 weeks. Whenever I visited she use to come to my house to stay with me and rest of the time she stayed with her parents and moved to my parents house after 9 months and in 10th month everything started. She also used my Indian debit card for all her expenses and sometimes also for her mothers expenses.
Asked 9 months ago in Family Law
Religion: Muslim
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6 Answers
You should apply for and obtain anticipatory bail from sessions court
2) cooperate with investigation and have your statement recorded
3) also file for divorce on grounds of mental cruelty
If you have been summoned by Indian consulate at Italy then it becomes your duty to report to them and give a statement denying the allegations leveled by her agaisnt you.
There is nothing to be scared and you can inform the officials that you will take care of the case through court in India through your lawyer.
They cannot do any harm to you unlike police who may even go to the extent of arresting you.
Besides:
1. you can apply for anticipatory bail in India;
2. File a divorce case on the grounds of cruelty;
3. Once the charge sheet is filed you can apply for quashing the charge sheet before high court.
4.You may deactivate your debit card and stop her access to your personal matters including bank account etc.
- Since, she has already lodged FIR under section 498a, 506 IPC, 4,6 DPA , then you should take anticipatory bail from the session court , and your chances to get the bail is maximum as there is an FIR against her family members.
- Further, you can also approach the High Court for quashing the FIR lodged by her
- Further , if you will not response the complaint lodged by her before the consulate , then they can refer the matter to the Passport authority for impounding the passport.
- Further, the DV case is a civil nature , and there is no provision of bail and hence you can contest the said cases after engaging a lawyer on your behalf.
- Further, since there is an FIR against her , then you can file a divorce case on the ground of cruelty as well.
Dear client, you can file a petition under section 482 of Crpc in the high court for quashing the FIR.
If the court finds no prima facie case then it will quash the FIR. You have to submit the evidence to the court which you have mentioned above and of all the things they have done. After the quashing of FIR you can file a case of cheating on them. And can get divorce.
I can give you detailed guidiance you can contact me for telephonic consultation through kaanoon
