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ILR application and False 498a Case
Posted: Sun Aug 14, 2016 11:48 pm
by sandykumar
Hi,
False 498a case filed by wife is in progress in India. Should this be declared in the ILR application.
Please help me understand the implications of declaring it and also implications of not declaring it.
Any suggestions in this regard would be much appreciated.
Thanks.
Re: ILR application and False 498a Case
Posted: Mon Aug 15, 2016 7:18 am
by vinny
What is a 498a case?
Re: ILR application and False 498a Case
Posted: Mon Aug 15, 2016 8:15 am
by noajthan
Re: ILR application and False 498a Case
Posted: Mon Aug 15, 2016 9:26 am
by CR001
vinny wrote:What is a 498a case?
I would also like to know. Seems some members assume we are all from India
Re: ILR application and False 498a Case
Posted: Mon Aug 15, 2016 11:03 am
by noajthan
See link above.
I suppose a determining factor may be whether '498a' is a civil or a criminal matter.
Re: ILR application and False 498a Case
Posted: Mon Aug 15, 2016 11:00 pm
by sandykumar
Sir,
Not sure if this is treated as a criminal or civil in UK as it's primarily false accusations from a wife towards husband and his parents. Unfortunately, in India, this is regarded as criminal. There is absolutely no doubt that the case will be proved as totally false and 100% relief will be granted but the problem is the case will take it's own time. It would take many months if not years to bring to closure.
As mentioned in the link above, even Supreme court of India has analyzed many cases and declared that more than 95% of the cases are false and termed this as a 'legal terrorism' and a tool used by wife towards husband and his parents to extort money or with other malafide motives.
In this context, please advise whether the information about the case has to be mentioned in the ILR application.