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498-A Criminal cases on NRIs In Hyderabad, India Need Legal expert services in dealing with Section 498 cases on NRIs?
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The NRI (non-resident Indian) is a person who holds an Indian passport and has immigrated to other countries for the purpose of study, employment, or business. NRIs are residing in many countries and doing their respective works. They are marrying in India in the hope to live happy marital life but in some cases, they are facing a lot of troubles in the event their marital relationship is not running smoothly and the couple fell into the litigations in the court. It is to be noted that all Indian laws are applicable to the NRIs irrespective of the facts whether they residing in India or abroad at the relevant time. So far as the matrimonial disputes are a concerned, all the laws related to marriage and disputes are applicable to the NRIs couple whose marriage was solemnized in India or the part of the cause of action arises in India.
On 27th July 2017, through a landmark judgment in Rajesh Sharma & Ors v. State of U.P & Ors (Criminal Appeal No.1265 of 2017), the Supreme Court of India put an end to the automatic arrest of men and members of their family under S.498A of Indian Penal Code. The said judgment was made with a view to preventing the misuse of the dowry related provision by disgruntled wives for harassing their husbands. The court also held that there will not be usual impounding of passports or Red Corner Notice for NRIs who are accused of cruelty under S.498A. Also, the personal appearance of all the members of the family and relatives abroad is not necessary in a prosecution under this Section. However, the court maintained that these directions should not apply when there is prima facie evidence of physical injury or death.
The bench consisting of Justices A.K Goel and UU Lalit noted that S.498A was added in the Code with the object of punishing cruelty at the hands of the husband and his relatives against the wife and which has the potential to result in her death or suicide. This was also evident from the statement of object and reasons of the Amendment Act of 1983.
Anticipatory Bail in under section 498-A of Indian Penal Code is of utmost importance especially when you fear arrest in a false case. Bail is defined in CRPC and in simple words anticipatory bail allows accused to get temporary freedom until his case is finally disposed of. Once you get anticipatory bail you need spend even a single minute in police or judicial custody and you will be free until your case is disposed of in court. As name says anticipatory bail is to be taken when you anticipate arrest. If you fear arrest in a case which you have not commit then you have all the rights to apply for anticipatory bail in court. When you come to know that your wife and her family members have filed 498a case against you then you should apply for anticipatory bail and safeguard yourself from the arrest.
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court.
If you have fear of being arrest while landing at any Airport of India or any false if you are in India then we can help you in applying for your anticipatory bail, since it’s a very sensitive procedure so you need to consult our team personally.
Section 498A protects women whose husbands forcibly be it mental or physical extracted the illegal practice of dowry. But in recent years, there have also been amplified cases in which Section 498A has been misused by the bride.
If you are an NRI, already living outside the country and receive a notice at your given address that a criminal case under section 498A is pending against you.
In that situation what are the legal remedies available for you, how you can revoke your passport or How to get an order from the Court so that you can move outside the country and what counter cases or reply which you can also file when your wife files a false complaint under Section 498A of the IPC just to harass you or extort the money from you.
The main intention of filing a false 498A case when especially you are aNRI so that you cannot go outside the country.
In case, you are already outside the country they will force you by various means, by putting a complaint in the women’s cell to the external ministry that a fraud marriage has been done, money has been extorted. The main intention is to extort money in the name of the settlement.
In this article, you will get to know being NRI how to deal with a false 498A case, what problems you can face on coming back to India, Will your passport be impounded, how to get bail, how to file a complaint when your wife files a false complaint under Section 498A of the IPC just to harass you or extort the money from you
Simply, give a Power of attorney to any relative or representative in India. He can take back cases or divorce on your behalf.
Nothing can be spoiled of family members or of your parents. As no maintenance can be claimed from parents. They can give statements that due to threats you cannot come and all the allegations are false.
You have to make a complaint that a conspiracy is planned against you in which your wife and her family wanted to extort your money, that is why marriage is done and you have spent all the money in marriage.
Try to file a Complaint in higher offices, submit a copy of the complaint to the Court, and file a case. In honeytrap form, the bride’s family conspires to loot money from the groom. Make false allegation and files for divorce to extort more money.
In that case, the police declare you absconding and file the charge sheet in Court. As a result, a Non-bailable warrant (NBW) is issued, and a lot more problems if you don’t come. A lookout circular will be issued against you.
On coming back, you can be arrested but can also get bail. But due to absconding, sometimes you may not get the bail easily.
Apply for anticipatory bail, clearly mentioning where you stay abroad, and what you do there. With bail, you can also take the court’s permission to go back abroad during the trial.
You have to give an undertaking to the Court giving detail of reasons to go back and mentioning the exact time when you will come back or whenever the Court will summon. On personal bond and surety, such a petition can be allowed. On non-appearance, the bank guarantee can be forfeited.
Can The Passport Of A NRI Be Impounded Based On A Complaint Under Section 498A Of The Indian Penal Code?
Sometimes, the court passes the order to impound the passport while granting anticipatory bail. You can appeal in the higher courts for such an order, because Section 10(3) of the Passport Act 1967, clearly says that only Passport Authority can impound the passport. Police or the Court has no power to impound it.
But section 104 of the CrPC, provides that the Court is empowered to impound any document. Any document which is produced before the Court can be impounded. But it nowhere provides specifically that passport of the person can be impounded by the Court.
The issue has been discussed by the Hon’ble Supreme Court in the case of Suresh Nanda and by the various High Courts. The common thing held in all the Judgements was that Police or the Court is not empowered to impound the passport of a person involved in a criminal case in India.
Seizing and Impounding is different. To seize means, they can keep the document for some time but impound means to seize for a long time or it can be permanently seized.
If the Court passes the order to impound a passport, such an order is technically wrong, you can file for relief in the High Court or Supreme Court, and you will get the relief.
Court or police can request passport authorities to impound your passport. And if Passport authorities find it appropriate, then in that case your passport may be impounded.
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