Legal Question in Family Law in India

If there is no option for compromise in a married relationship then the only option is divorce everywhere in world except India where people are forced to continue relationship with legal terrorism.I am one such a victim who married to a Indian citizen in India and after 2 months she left for her family home without any reason and my in laws asking for all my savings threatening us with false case of 498a.After this threat its impossible for us to do any compromise but after many request i made my wife to return and stay with my family for few months.I have an NRI status.

I heard 498a is applicable only on Indian citizen.Now i would like to know if i acquire citizenship of another country giving away Indian citizenship then is it possible for them to threaten me again with 498a and also i will transfer all my wealth out of India,after obtaining foreign citizenship.

If i visit India will i be in trouble if her father files a 498a against me and my family ?

Asked on 5/06/12, 11:22 pm

4 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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You can safely avoid 498-A proceedings by taking appropriate measures. If you need further guidance, you may send me complete details of the incident by e-mail.

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5/07/12, 12:07 am
ranganathan raghavachari R.Ranganathan & Associates
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It is not necessary that you should change your citizenship and run away from India due to 498a unless and otherwise there is something wrong in you. There are several defences in 498a. Like 498a there are so many cases which can be falsely foisted on anybody that doesn't mean the law is not good. On the other hand Indian women unlike foreign women are, till this time been bearing all the atrocities of men without getting any benefit. They work in their homes all through their life, rear children but when it comes to property rights they had nothing. They were unpaid labourers all through their life. No consideration is given to them except food, clothing and shelter. So if you are not at fault, no need to worry. You can fight and defend yourself with the available provisions in the law.

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5/07/12, 2:33 am
Devansh Bhardwaj Devansh Bhardwaj
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My friend I'm sorry to say , but some one has misguided you.

If you both (Husband & Wife) want then you can go for a MUTUAL DIVORCE.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR devanshbhardwaj@rediffmail.com

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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5/07/12, 7:18 am
RAJIV GUPTA (Cell: +91 9811284735) lawnrajiv@gmail.com
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i think you are unnecessarily being scared of 498a for no fault of yours. in case you have not committed any wrong, you may legally defend a false and fictitious case. it is a settled law that if you married under a particular religion, you need to be divorce under the same religion. in case you are married as per hindu marriage act, you need to obtain divorce under HMA only, even if you change your religion or citizenship. better retain a good lawyer and fight out aggressively.

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5/07/12, 8:59 pm

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