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MAsking for my cousin brother, please help:
His wife filed a fake 498A case on the family and the cops are harassing the parents. Should the husband stay in the USA and let them proceed with whatever? The police confirmed that they are filing the FIR and chargesheet without due investigation.
1. What happens if the husband returns to India?
2. What if he doesn’t return for the foreseeable future?All they want is to harass the family and see the end of the husband and his career.
Please, please help.
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BLawyer here, based in Delhi. How old is the FIR? I ask this because the IPC has been replaced by the BNS and the corresponding Section is Sec. 85 of BNS.
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BFirst, it is essential to confirm whether the husband is actually named as an accused in the FIR. That will determine whether he is at legal risk or not. A certified copy of the FIR can be obtained from the police or through a lawyer, or access it online if available in that state. If he is named, he must take steps like anticipatory bail to avoid arrest.
Also, under Lalita Kumari v. Govt. of U.P., the Supreme Court held that registration of an FIR is mandatory when information discloses a cognizable offence. However, the judgment also allows for a preliminary inquiry in certain cases, including matrimonial disputes, before registering the FIR. If the police registered the FIR without any inquiry despite the facts being unclear or appearing false, that can be a ground to challenge the FIR.
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MHello, thank you so much for your response.
Yes, she included the husband as accused as well.
When the police called, his father said all the facts but they are not listening and wants to file the FIR.
The wife hasn’t been in the parents’ house at all, after marriage she stayed when the husband was in India for a few months and she never stayed after that.
She stayed with the husband for a few months in the USA and living apart from year and a half. She has been in contact with him trying to act to make him to come to India till now, because he caught her lies, he decided not to come to India and she eventually filed this false case.
In this scenario, should he decline to come to India even after the FIR is filed risking a look out circular (LOC) or come to India and attend the court? Her family is using money to bribe the police and also heard saying they will try to manage the courts as well, but this has to be seen.
Please advise whether he should stay in the USA and hope they will come to the senses in a year or come to India and get stuck if they get an order from the court not to let him travel back?
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BDo not return to India without securing legal protection. Once the FIR is filed, arrest is legally possible unless bail has been secured in advance. Returning without that protection may result in arrest at the airport or shortly after. Even if the allegations are false, arrest is still a legal possibility at that stage. The immediate step should be to apply for anticipatory bail through a competent criminal lawyer in India. This can be done even while the husband is abroad. Courts are generally more cautious in matrimonial cases and may grant bail if the allegations appear to be exaggerated or retaliatory. If bail is granted, it will prevent arrest and give the husband time and space to respond to the case in a lawful manner.
Simply staying abroad and doing nothing is not advisable. Over time, the police or the court may treat non-appearance as evasion. This can lead to serious consequences such as declaring the husband an absconder, issuing notices to prevent his travel. While these steps are not immediate, once they begin, they are difficult to reverse. Also, any such step by the authorities will create further hurdles if he wishes to challenge the case or seek relief later.
If the FIR has been registered without any preliminary inquiry, especially in a situation where the couple was living abroad for most of the time, that may raise questions about whether the process was followed correctly. Although police are required to register FIRs when a cognizable offence is reported, the Supreme Court has allowed a brief inquiry in matrimonial disputes before registration in many cases. If the FIR was filed despite serious gaps or contradictions in her version, this can be raised before the court. There is a legal possibility of challenging the FIR itself. This is done by approaching the High Court and arguing that the allegations are false, malicious, or do not disclose any criminal offence. However, courts do not lightly quash FIRs, especially in family-related matters, unless the complaint is clearly an abuse of the legal process.
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SThere are Men’s rights twitter accounts & websites in India, who fight against false 498A cases. Contact them for assistance.
[@DeepikaBhardwaj](https://x.com/DeepikaBhardwaj) has made documentaries and been on TV channels. They have [contacts with police](https://x.com/DeepikaBhardwaj/status/1834868478550945960) & honourable [Supreme court judges](https://x.com/shashank_ssj/status/1894455373702013097) & sent many [females to jail for misuse of women laws](https://x.com/DeepikaBhardwaj/status/1886718395145707657), which were made to protect them.
[@realsiff](https://x.com/realsiff) <— [their website](https://www.saveindianfamily.org) has WhatsApp & Telegram groups and contacts all over India
https://sahodar.in has free helpline for men dealing misuse of 498A & other matrimonial laws
[Shonee kapoor](https://www.shoneekapoor.com) offers free helpline for men dealing with on 498A, maintenance, alimony, divorce and false rape.
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CDo not let your cousin come to India. His life will be ruined.
Hire good lawyers for bail and case. Most probably she wants money out of spite.
File cases against her as well. -
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MI suggest you to divide all the asset of your parents and sell take your part and send him his part and advice him not to come to India and get a citizenship of USA if possible if not take citizenship of other country but don’t come to India.
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MGood idea. As an Indian citizen, they have no way to get the USA citizenship unfortunately. Just trying to see what the legal process would be if he declines to come to India even after the FIR is filed.
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ILawyer this side ..its advisable to go for FIR quashing and if he comes to india he might be arrested he has to join the investigation ..
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MThank you for your response.
Will the quashing work for his family and for him as well? What are his options if it gets rejected?
Can he file an anticipatory bail before traveling or get a station bail, but he is worried that the police that the wife bribed may try and take away his passport and not let him travel?
Can they reach out to the court and get his passport taken from him?
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CHe has become easy target of police for some extra cash. Police will harass his parents so he comes to india and pays them some money. It is a common strategy.
Tell his parents to be thick skinned towards police. Use statements like “ we don’t care about him”. “ Call him yourself”.Tell your cousin to avoid coming to India as long as possible. Police know he has to return for work and will pay hefty amount.
Hire a good lawyer.
Remember Police and lawyers are vultures waiting to bite as much as money from your cousins dead marriage.-
MPolice said they’ll file the FIR in the next few days. He is worried that they may approach the court and get an order to take his passport if he doesn’t return. He is also worried that the police who took bribes from them will file an absconding case and issue a look out circular, based on what he read. Any thoughts on this?
Any suggestions on this from expert lawyers in this field?
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SWhy not actually hire a good lawyer and take any action required asap? If your cousin is working abroad he should easily be able to afford to do so
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MHe is good with his passport but his USA visa expired. Based on how the case plays out, he has to get his visa renewed next time he travels outside the USA.
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MThank you so much for your response.
Will the quashing work for his family and for him as well? What are his options if it gets rejected?
** Can he file an anticipatory bail before traveling to India** or get a station bail, but he is worried that the police that the wife bribed may try and take away his passport and not let him travel?
Can they reach out to the court and get his passport taken from him?
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UYou can have the complaint quashed against everyone depending on the judge.
You should get the bail.
There are case laws to the affect to say that family law cases are volatile and are highly emotionally charged between the parties. It doesn’t necessarily merit in the seizure of a passport. Kindly refer Rajesh Sarma & Ors. v. State of Uttar Pradesh and Another states in para 19.15
Which city, state does this come under?-
MThank you very much for your response. My brother mentioned that they are planning to file additional cases in a different state to cause further distress to the family, which would require them to travel between the two Telugu states, Telangana and AP.
Additionally, if the police file an FIR and summon him to appear, what happens if he does not attend? Can they issue a Look Out Circular, or is this only done by a court if he fails to appear for a court hearing after receiving a summons?
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UMy ideal response would be to send a lawyer to handle the same. There is a document filed called as an exemption petition. Before the police call upon him please file the anticipatory bail appear before the magistrate pay the bond amount and let the lawyer appear from thereinafter.
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SNot a lawyer,
I was not in the same situation but i have some experience with my fair share of reddit knowledge here.
My Case, my friends filed a fake case on me for fraud even though i am not living in india from last 8 years. I still went to india, and came back but i was taking all the necessary precautions to make sure the risks are calculated. I did take anticipatory bail (easy one week of work) and applied for quashing (long processing time, still under process)
My case was simple and no issues there but i had some colleagues who were involved in the same cases like this..
Here is my suggestion,
Get a good lawyer first and ready to spend money on lawyer, police and the wife.
Do not go to india unless you have anticipatory bail (AB).
If you really wanna go and you have AB, then prepare approximately 10-12 months in india. It’s not easy to come back and you will be stopped while traveling back from india.
It is tough with so much information online yet most of it is irrelevant. Plus everyone will try to get money from you, but thats how it is in here.
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MThank you for sharing your experience.
Even if you have AB, you can’t come back to the USA? I thought AB will give you the chance to visit India, attend court if needed and come back.
I hope your cases get resolved soon!
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SAB is just for getting you relief from arrest and the conditions on how investigations are done i.e in person or online via video calls. As far i know, with divorce cases there are multiple cases involved like dv, assault (even though they may or may not be conducted ) so respective IO can argue that you need to stay in india until the investigation is done.
According to what i have heard on my of distant friends friend got stopped when he was coming back from india, reason might be police release the Lookout out circular (LOC) and according to some youtube videos it does not take that much time for police to release it.
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EOp – NRI in usa here. Had a fake 498A on me and got it quashed. Ask him not to come to India. Find a good lawyer and file a quash in the high court. If his family has been named, ask him to first file a quash case only with his family as the petitioners. Once they are safe (which will most likely be the case), your cousin who is most likely an A1 can file for another quashing. This will eat time and frustrate the wife’s family. They will ultimately come for an out of court settlement. It will result in a mutual divorce.
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EAlso, he can cooperate with the police via WhatsApp as needed. Loc is a possibility but not so easy to get though. Unless the wife’s family is very influential or pressing.
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EYeah, and these cases have become very common in India now a days. Lawyers find these as a way to harass husbands and guarantee divorce on wife’s terms. Ask him to get rid of her. Don’t pay bribe to the police – the lawyer should file an IA stating that the police aren’t doing their duty properly.
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P1. Your cousin need to hire a lawyer and get the anticipatory bail immediately. Your lawyer can work around to get the anticipatory bail for everyone.
2. Even if your cousin decides to sit quietly in USA, the case will continue. If the case is prima facie fake, try to stop the police from filing the FIR, If they’ve already filed FIR, move swiftly to file B report or not to go charge them in the charge sheet.
For further information consult us [https://g.co/kgs/hJLgYGh](https://g.co/kgs/hJLgYGh)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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MThank you so much for your response. The police said the other day that they are going to file the FIR no matter what. They have also declined to provide a copy of the complaint. Whatever they talked on the first call and the second call completely changed. My cousin told me that he is guessing they are going to change the complaint and the story again and again to add more fake stuff and then make the bribed police file the FIR.
I’ll let him know to file an AB before traveling to India.
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SGrt in touch with deepika bhardwaj. She is fighting for men’s cause. Pls don’t think of abandoning the case. Fight it. I have gone through it, initially it looks tough but over time it is easy. But either deepika bhardwaj or shoonee kapoor
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SNever let him come back to India no matter what. They can’t do much to your parents. And prepare to bribe if needed.
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