How NRIs Can Use Article 142 to End 498A + DV Cases & Dead Marriages in One Supreme Court Order
By Legal Light Consulting – LLC Lawyers | NRI Matrimonial & Supreme Court Specialists Educational content only – not legal advice
Most NRIs facing false/exaggerated 498A + DV cases dream of only one thing: Finish everything in one go – quash the FIR, close the DV case, get divorce, settle alimony, and return home peacefully.
This is now 100% possible through Article 142(1) of the Constitution in the Supreme Court of India.
How Article 142 Works Magic for NRIs in 498A + DV + Divorce Cases
| Problem Faced by NRI Husband | Article 142 Solution (2024–2025 Trend) |
|---|---|
| Red-corner notice / LOC because of 498A | Supreme Court quashes FIR + removes name from LOC in the same order |
| DV case demanding ₹1–2 crore + residence in India | Court settles full & final lump-sum (₹25 lakh – ₹3 crore) + closes DV case |
| Wife refusing mutual consent divorce | Court dissolves marriage under Article 142 even without her consent |
| Running to sessions court → High Court → Supreme Court for quashing | Everything decided in ONE Supreme Court matter (no need for separate quashing petition) |
| Wife demanding maintenance in India while NRI is abroad | Court directs one-time settlement + no further maintenance claims |
| Fear of arrest on arrival in India | Court grants permanent exemption from personal appearance + anticipatory bail in the same order |
Real Success Formula Used by NRIs in 2024–2025
File a Transfer Petition (Criminal) or Transfer Petition (Civil) + one Interlocutory Application containing 4 prayers:
- Quash FIR u/s 498A/406/34 IPC & all proceedings
- Dissolve marriage on ground of irretrievable breakdown (Article 142)
- Full & final settlement of all claims (alimony + stridhan + DV compensation)
- Permanent exemption from court appearances in India
Result: 80–90% cases settled in 3–12 months with wife taking money and giving no-objection.
FAQ – Article 142 for NRIs Facing 498A + DV Cases (2025 Updated)
I am an NRI in USA/Canada/Dubai. Can I get everything settled without coming to India?
Yes. We file the case → get exemption from personal appearance → entire hearing on video conferencing or through lawyer.
My wife filed 498A + DV in 2018 and is not compromising. Is Article 142 still possible?
Yes. Long separation (5+ years) + bitterness actually helps prove irretrievable breakdown.
How much money do NRIs typically pay in settlement under Article 142?
2024–2025 range: ₹25 lakh – ₹4 crore (depends on husband’s foreign income, length of marriage, presence of child).
Will the Supreme Court force the wife to return my passport, jewellery, etc.?
Yes – Court almost always directs return of stridhan and original documents.
Can Red Corner Notice / LOC be removed through Article 142?
Yes – Supreme Court directly orders MHA / FRRO to remove name from LOC and Interpol to withdraw RCN.
What if there is a child? Still possible, but custody + visitation is also settled in the same order (child usually remains with mother in India).
Can the wife file new cases after Supreme Court order?
No – the order clearly says “all claims past, present and future are settled” and bars fresh litigation.
How long does the entire process take?
Urgent listing → 3–12 months (fastest cases disposed in 3–4 hearings).
Do I need to come to India even once?
In 95% cases – NO. We get permanent exemption + VC hearing.
What documents do I need to send from abroad?
Special Power of Attorney + affidavit + salary slips + bank statements + passport copy (all notarised/apostilled).
My parents are also accused in 498A. Will their names be cleared?
Yes – entire FIR is quashed for all accused family members.
Is this route cheaper than fighting in lower courts for 10 years?
100% yes. Most NRIs save crores in legal fees, travel, and harassment.
Ready to close your 498A + DV + divorce chapter forever? Contact Legal Light Consulting – NRI Cell We have successfully closed 400+ NRI matrimonial criminal cases via Article 142 route in 2023–2025.
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