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ILR application and False 498a Case

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sandykumar
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ILR application and False 498a Case

Post by sandykumar » Sun Aug 14, 2016 11:48 pm

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.

vinny
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Re: ILR application and False 498a Case

Post by vinny » Mon Aug 15, 2016 7:18 am

What is a 498a case?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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noajthan
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Re: ILR application and False 498a Case

Post by noajthan » Mon Aug 15, 2016 8:15 am

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CR001
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Re: ILR application and False 498a Case

Post by CR001 » Mon Aug 15, 2016 9:26 am

vinny wrote:What is a 498a case?
I would also like to know. Seems some members assume we are all from India :shock:
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noajthan
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Re: ILR application and False 498a Case

Post by noajthan » Mon Aug 15, 2016 11:03 am

See link above.
I suppose a determining factor may be whether '498a' is a civil or a criminal matter.
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sandykumar
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Re: ILR application and False 498a Case

Post by sandykumar » Mon Aug 15, 2016 11:00 pm

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.

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