There is a lot of trouble which is faced by the NRI people that they amicably take divorce and everything just get ended or may be a divorce on merit in foreign country and wife has to come back to India.
This forceful exodus give rise to false cases in India.
In one such case by Karnataka High Court titled as
- Husband has taken divorce in the USA and wife dependent visa was cancelled she has to come back to India.
- When she came back to India she lodged false 498a case.
- Husband challenged and filed Quashing Petition in Karnataka High Court.
- The Karnataka High Court Quashed the FIR on below mentioned ground.
Grounds
reading of the complaint in general as contended by the learnt counsel for the petitioners, it could be gathered that it appears to be a case of normal wear and Tear as is experience in any marital life. Apparently even as per the complainant no life threatening or any injury.
No allegations of dowry demand.
lastly as contended by the learnt counsel for the petitioner the instant complaint is nothing but a counterblast to the divorce case instituted by third petitioner before the superior family court at Los Angels. It is a matter of Record that respondent had been served during her stay in the US at her aunt place, who immediately on arrival to India has proceeded to lodge a police complaint and certainly it could be termed as nothing else but counterblast.
Result
Entire FIR was quashed
Judgement
Vimala Sharma Vs. State of Karnataka
Advocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, counter-cases, and high-stakes matrimonial strategy for Indian and NRI clients.
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