• My wife family harassing my dad

Hi sir, 
 I am living in USA got married in 2010 and had baby boy in 2012 and my wife left to india in 2015 with my baby boy as we had disputes(she was lazy and keep on arguing with me for everything).She came back to USA in 2016 and threatedned me that she will go for human rights if I don't apply for visa extension. I did since she was not living with me anymore I asked to come and sign for an agreement(she can mention what ever she needs in the agreement) she told me to wait.I waited for 6 months as I don't have trust in her words and filed for divorce in USA. She didn't attended here in USA and left to india in dec 2016.Her family is harrasing my father in india by calling him to come for settlement and abusing him with false arguments and asking all of the property me & my dad has. I am planning to file a case in india too. What are the consequences I can face from them. They are very rich than me I am living my lifehood only with my job in USA and my father is a farmer. We tried to resolve the issue amicably and all the time my dad got abused.Thought of recording the conversation but my dad don't know how to record in his phone. My parents are scared in India what my wife's family can do to them. Can I file case in india Bangalore high court will they cause any trouble to my parents?
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

No you can't file a case directly at the Karnataka High court. You can off course file an fir at the police station and if refused by the police under any influence, then you may move court.

there are avenues of approaching the court before that but you won't get much practically speaking.

Saptarshi Banerjee
Advocate, Kolkata
220 Answers
6 Consultations

4.5 on 5.0

Since you have filed a divorce petition in USA you will get a decree exparte even if your wife is not appearing .

2. Once divorce decree is obtained. You should file for ratification of divorce decree granted by USA court.as uncontested divorce are not recognized by Indian courts.

3. Your father can file a SANAHA in the local police station if they fear there may be some untoward incident to them.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

1.The audio recording has no value as such readings are very hard to prove.

2. If you think this marriage is not working then better talk to her and dissolve the marriage amicably.

3.Mutual Divorce is best suited as it does not take much time. However you will have to negotiate hard with her to pay her permanent alimony .

4.if she does not agree on mutual divorce then file contested divorce suit.

5.She may file case u/s498A IPC .However there is nothing to worry much on this account as getting bail is very easy in such cases and once bail is granted nothing remains in the case.

6. Do note that wife has no share either in yur proeprty or in the property of your parents.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) you have filed for divorce in USA . if your wife does not particpate in divorce proceedings in USA your divorce would not be valid in india

2)dont purchase any proeprty in your name

3) your father can file case of criminal intimidation against your in laws under section 506 of IPC

4) record all conversations with your FIL

5)call your aprents to USA

6) in case any false case if filed of dowry harassment apply for and obtain AB for your parents from sessions court

7) no need to file any case in HC

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Dear Concerned,

Lets Understand these issues step by step

a. You have filed divorce in USA and you may be able to get an Ex parte degree which is not an issue but you can not claim the validity of same here in India as this is an exparte decree.

b. Your and your fathers property - your wife can not claim any rights on either your or your fathers' property except those property which you might have bought in joint name with her. So you need not to worry on the same

c. PLEASE note that yes you can file matrimonial cases in India with your wife but for that you will have to be personally present . HERE is what you should be thinking and doing ----

c.1 DO NOT come to India - if you come to India and your wife files a false complaint against you and your family it would be difficult for you to go back .

c.2 Your parents should file a complaint in the nearest police station of the threats being received by your wife and her relatives and also make sure that she does not comes back to your parents house - please note that your wife does not have any rights to forcefully stay or enter your parents house.

c.3 Alternatively you may choose to call your parents to you in USA for some time - just ignore your wife - SOON you would notice that your wife will start following up with you and will like to settle the disputes amicably.

c.4 only issue which i see is her extended visa she may come to US to you and might create issues there. This can be handled easily as well - for this you need to give a complaint / information to the Police Help near you thatyour wife left on so and so date and as there are differences your wife might come back and file false complaints against you. This would help at later stages.

Summing up - DO not come to India - ask your parents to file a complaint or call them to US to you.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1.Show your father the techniques of audio recording phone calls and ask him to record all the conversations it is not difficult.

2. After receiving and recording few such threat calls from the father of your wife, your father should lodge a police complaint under copy to the local S.P. against the family members of your wife.

3. If your father does not want to go to the police station, he can still lodge police complaint by sending the complaint by speed post to the police and the S.P. and collect the track record of the deliveries of the letters from internet.

4. After that if police does not take any action, your father can file a Writ Petition before the High Court against police inaction seeking relief.

5. Your wife can lodge a dowry harassment and DV case against you and your family members in India which you shall have to contest fittingly.

6. Your wife will have no right, title and interest on your ancestral, paternal or self earned properties during your life time.

7. You can file a divorce suit in India on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

They may plan to harass your parents with the aid of local police by lodging false dowry demand cases.

You may ask your parents to obtain AB first in case they receive a call from police to attend the investigation based on her complaint.

They must immediately contact a local advocate for this.

If you want to file a divorce case in India, then your presence shall be essential especially during filing and deposing your side evidence.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

If you are ready and willing to dissolve the marriage by arranging any amicable compensation as negotiated, you may do so involving some elders or advocates from both sides.

There is nothing wrong in quitting the married life instead of toiling in the same depression for ever without finding any peace

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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