498A IPC case against boy settled in Canada – any solution?

Tilak Marg Forum for Legal Questions Forums Family Law 498A IPC case against boy settled in Canada – any solution?

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    • #505
      Anonymous
      Guest

      Dear Sir,

      Wife is a citizen & husband holds PR in Canada. Married in India 2.5 years before & stayed together for 20 months in Canada. Stay in India less than a month. She walked out 7 months before & presently is in India.

      She, her parents & siblings are Canada citizens and he holds PR.

      She was involved in Fonancial infidelity as her foster parents misused her Credit card six years before marriage, he learnt only while applying for home loan in Canada. Asked her not to allow deposit of default amount in her name. Despite his advice she allowed to save her foster father.

      Her actual parents are in India, she was brought to Canada by her father’s elder brother by forging documents as his own daughter. There are another 15 members who were brought like this person, we have the record.

      This wouldn’t have bothered us but for the following:-

      Her Equifax( equivalent of CIBIL) score due to credit card default is 574(=10 % of worst in Canada).
      His score is 760, despite Home/vehicle loans in his name.
      Had to take loan alone: Loss 500×60= 30000$ in next 5 yrs
      He had to do 2 jobs as she can’t get more min Min wage job.
      He had to refuse promotion in Ist job, loss1000$PMx60= 60K
      Bought car in Jt name to build her credit. 500$x72= 36000$
      Her credit record will deprive her earnings1800x72=123600

      Total loss in next 6 years would be 2. 5 dollars, ie 1.25 crore in next years.

      Even that won’t have bothered, except she has filed case under 497a in India.

      Both parents incidentally are in Canada. She can file 498a & wait enernity!

      Other features:-
      No dowry taken, not even a Katori.
      No children.
      Separation being filed this month in Canada.
      Divorce will be filed on 366th day.
      She has legal right to half each of the house & car in Canada.
      Boy has nothing in his name to in India.

      How do we go about it?

      We are officer class, honest and gentlemen. They are a political cum farmer stock.

      Don’t want hassles, but are determined not to ever accept her.

      Sorry it’s a long write up, I appologize.

      What are our options.

    • #510

      You have not mentioned about the facts of 498A IPC case. Whether the allegations made therein pertain to incidents that took place in India since you said that they stayed in India for one month? If yes, then the offence can be tried in India.

      Alternatively, if the offence took place in Canada but if the offence is committed by an Indian citizen in Canada, then also as per the provisions of Section 4 of the IPC, if an offence is committed outside India by an Indian citizen if such offence is made punishable in India, it can be tried in India.

      So, in both situations, you’ll have to defend the 498A IPC case in India if the boy continues to be Indian citizen, though he is living in Canada but has not become a Canadian citizen so far.
           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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