• Domestic violence

I am on H1B. Me and my wife visited India for a small period. We had some arguments and now wife has filed a DV NC case against me in India. I was able to return back to USA now. Now my wife's family is threatening me and asking me to come to India.  My wife has returned to her parents home and is staying there for last 4 months.

We did have a small fight and my wife has a medical report done.

Can they harm me while I am in USA on H1B. 

How long can the NC case be pending? Someone suggested 90 days?. Since I have not given my statement in all likelihood police will file an FIR.

--thanks
Asked 2 years ago in Family Law from California, Gujarat
Religion: Hindu
you have said your wife has medical report done . did you physically assault your wife? if she has filed Dv case against you then you have to contest case on merits . you better have your statement recorded deny all the allegations made by your wife . come down to india for short period . try to reconcile with your wife as you have said it was a small fight
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
What does the medical report mention as to the nature of injury received by your wife? Since the DV case has already been filed by her you should defend yourself by engaging a defence lawyer in India. Explore the possibility of a compromise being arrived at after entering your defence. There is no maximum time limit for the pendency of a DV case.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Nothing left to add
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
How long have you been married, has the marriage been consumated, if so how many children do you have out of this marriage. Is your wife also an earning member, was your marriage an arranged or love marriage, provide these answers and i shall be able to provide a solution
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
Hi. if your files a M.C case against you pls inform me what is the nature of relief sought before the court and it is necessary to contest the case, engage the advocate.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Dear fights between husband and wife are very common and it happens with everybody.Try to settle the issue amicably .I am sure you can do it.do not involve your self in legal battle as it will definetly disturb your peace of mind.Kindly tell the issues which your wife has with you,probably i can try to solve it.reg
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in your statement you should mention that your wife tried to hit you but you had a providential escape . under grave provocation  you retaliated . try to arriave at an amicable settlement for sake of your young child , ask your parents to contact the girl parents . avoid a legal fight
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
The FIR can be filed only if your wife makes a complaint and you do not present yourself for investigation before police. If the FIR is filed then you will need to obtain bail to pre-empt your arrest being made. If you agree with your wife's statement then it can be used by police as evidence against you in a court of law. As of now you should engage a lawyer and contest the DV case already filed by her so that an adverse order is not passed against you.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Agree with mr sethi
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
i will still advise you the same,try to solve it amicably
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. You are under no legal obligation to countenance her statement and/or sign the affidavit as by acceding to her demand you may create evidence against yourself which can then be the basis of your conviction in a court of law. 

2. If NC has been filed then you will be required to appear before the police for presenting your side of the story. Your failure to appear will result in FIR being lodged against you and non-bailable warrants of arrest executable through Indian High Commission in USA issued. It may then be difficult to obtain bail from court. Now is the time when you should appear. In order to obviate the risk of a surprise arrest being made by police on your appearance you may obtain bail from the court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Ashish is rightly advised, I agree with him
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1) under no circumstances should you agree with wife statement . if you admit to facts mentioned by your wife her statement it will go against you . 

2) you should come to india have your statement recorded . deny all her allegations . if you dont come to india and FIR is lodged court will issue NBW against you . look out notice may be issued against you . 

3)let her file FIR . you have to contest case on merits and not bow down to pressure by your wife if FIR is lodged obtain AB  from court
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
if non bailable warrant is issued and you dont come to india wife will make an application for issue of proclamation against you for attachment of your property . look out notice will be issued against you .

even if wife files 498A you can get AB . with court permission you can travel abroad although it may not be easy to get such permission . fight it out dont get cowed down with threats
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
i will advise you not to play games in judicial proceedings,once you start playing games in judicial process,then it will become difficult for you to get out of it and you will find your self in more troublesome suitation
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. I have already stated in my previous reply that if a non-bailable warrant of arrest is issued against you then it may be enforced through the Indian High Commission in USA. You may be arrested in US and brought to India, in which event no court will grant bail to you. You should understand that there are reciprocal provisions n the laws of every country including US wherein and whereunder a look out notice issued from another country can be enforced in the country wherein the accused is residing. Do not be under an impression that you can avoid the Indian judicial process because you are outside India. The long arms of law can reach any neck howsoever powerful and wherever it may be on the planet.  

2. Even if FIR is filed you can jolly well travel out of country with court's permission. If you don't return to face the Indian law then your passport may be ordered to be cancelled as you are to date holding an Indian passport.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
if your confessional statement is recorded before magistrate it will be handy wapon in hands of your wife to fight with you in future ,she will rely upon said statement in future legal proceedings and in the event incident occurs agian court wont take any  lenient view . 

you will have to state before magistrate that you wont    ever physically assault your wife again . that you apologise for your conduct . it would not mention that you acted under grave provocation . if your wife agrees to include in your statement that she also hit you and in retaliation you hit her it wont affect you adversely . all deepnds upon wording of statement . 

we have advised you at length . now you have to take a decision
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
you have to deny all allegations
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Yes it will be converted into a FIR, and you may denied bail for months on the basis of such a declaration. How is it even relevant which language is used in the bail bond? You are forming an opinion on the basis of conjectures and surmises, without paying regard to the fact that legal process pays no heed to it.

You have been sufficiently advised now...Choose your further recourse after consultation with a lawyer.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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