• I am NRI - what is the process to hire a lawyer to fight DV

I got married in India in may 2017. My wife came to US along with me but she did not like US and she was planning to plot her exit since November. On dec 14, she left US back to india and filed a Domestic Violence againstme, my parents and ny sister and her family. Howveer, all we recieved so far is a notice from court to appear on a date that was already passed. But they we found out that, the case has been called for trial one month from filing and it was wrongly typed by the cpurt. My dad went and got a lawyer but he couldnt even get a copy of charge sheet yet. There was no mediation talk neither any reconciliation attempt. I am wondering what are the process of hiring a lawyer to fught this case on my behalf in kochi? I heard we can not do power of attorney for domestic violence case. The first trial date is march 2, 2018. Please advice. Thanks.
Asked 4 years ago in Civil Law

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24 Answers

Hello,

For a DV case you will have to appear before the court.

Engage a local lawyer.

Also, you can challenge the charge sheet in the High Court directly wherein might be charges against your parents might be dropped.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Under which act case is filed.

Protection Women from Domestic Violence, Criminal case 498a ?

Maintenance case u/s 125 Crpc.

Well, nothing to panic, advocate will appear to represent your case.

Precise can be advised on perusal of case documents.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your parent here can engage a lawyer.

Or you may ask someone to engage some lawyer for you.

Passport will not be withheld.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Which city ? content for better understanding of situation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

In DV case it is not necessary to attend hearing on every date

2) you can engage a lawyer to appear on behalf of the respondents

3) you can execute POA in favour of family member

4) file detailed reply denying the allegations made against you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The following is sec 23

23. Power to grant interim and ex parte orders.—

(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.

(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

What are you referring to?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In domestic violence case if the court finds it necessary then only accused need to be remain present before court. Personal attendance not mandatory. You can make a POA in favour of any relative he can sign vakalatnama on your behalf and file reply.

The POA can be made registered in US and can be sent to India.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The domestic violence proceedings would have been initiated in the jurisdictional magistrate or family court at kochi. However, the court cannot take cognizance and would have referred the matter to social welfare officer. SWO has to file a report and thereupon the trial commence. There are lot of reforms with respect to matrimonial proceedings viz., videoconference. One cannot afford to loose his job and fight legal battle. HC and SC does not encourage such practices. I am from chennai and sometimes client from chennai may have case in other states. As they don't trust or get a competent lawyer, they engage advocates nearby and take them to the other states. In one cheque bounce case, although i am from chennai, due to non-availability of trustworthy lawyer, client requested me to represent in U.P and the case is under progress.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hi hiring an advocate in India it's quite easy and you can hire any advocate of your choice to follow up and represent you in the court . Case papers may be arranged from the court by giving an application along with the vakalatnama signed by the party.

Embassy is not at all required and can not provide you any help.

The DVD case may be squished by High Court specially for parents and sister by a writ u/s 482 of CrPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. You shall have to first select a lawyer to defend you against the said DV case filed by your wife in India.

2. Thereafter ask him to send you the Vakalatnama for getting it signed by you and getting the signature notarised by the appropriate officer of the local Indian Consulate for returning the same to your said lawyer at Kochi.

3. Being empowered by the said Vakalatnama, your lawyer can contest the case defending you.

4. In the same way, your Written Statement can also be notarised abroad and sent to your lawyer for filing before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1.For hiring an Advocate you shall have to sign Vakalatnama in his/her favour.

2. You shall have to get the Vakalatnama notarised by the appropriate officer of your local Indian Consulate as suggested in my earlier post.

3. The question of withholding/impounding your passport against the DV case will not arise at this stage.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Section 23(2) of the DV act of 43 of 2005 is for passing ex-parte order for availing all the benefits prescribed in the DV Act.

2. So, arrange to get represented by your lawyer to contest the case fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1) Your all problem can be sorted out just your father has to prove that the DV complaint is false and fake. And if you need to attend the court in that date.

2) Apply for quash in high court and let your father be present.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can be represented through your advocate.

Your physical presence is not necessarily required, and can be exempted by the Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

For those who are present in Kochi, like your father etc., they too will be represented by this lawyer; but they can also remain physically present before the Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Engage a lawyer and file a reply in response to the complaint of your wife.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, to engage a lawyer, you need to execute power of attorney (vakalatnama) before Indian embassy there and send the same to concerned lawyer.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

You can directly without information to consulate or embassy can hire a advocate in Kochi. He will represent you on the first hearing day by undertaking before the Court stating that he will keep you present on next hearing date. In the meanwhile get bail for other respondents who are present in India. It is a bailable offence involving of Civil and Criminal Jurisdictions. In the meanwhile engage any senior counsel in a High Court and ask him to get stay of DV proceedings. Thus matter will be kept under cold storage for the next 6 to 18 months.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

In which city case is filed,

Sec 23 is for interim and ex parte order, if no one appears in court. In this case, presence of party is not required , hire advocate , he will manage the hearing or contact for hiring advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is advised to appoint a Lawyer who is practising on the Criminal side and get an anticipatory bail.

The police will not file charge sheet without due investigation so in between you will have time for anticipatory bail.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

No doubt there is no provision to appoint a power of attorney to represent you before court in the criminal case, you an very well appoint a lawyer and instruct him to file a petition under section 205 Cr.p.c. seeking to dispense with your personal appearance before court on dates of hearing for the reasons that you will not be able to travel to India frequently. Similarly you can ask your lawyer to file petition for others also who will not be able to attend court simultaneously.

You can engage a lawyer from your home town or neighboring place also who will be able to handle the case and you can find one from this forum too.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I am wondering what is the process to hire the lawyer first? Is it through consulate or embassy. Because i cannot travel to india at the moment. I am also afraid if they can withhold my passport long enough to jeopordize my job situation.

You can look for a lawyer either through internet or through your close relatives in India, send a vakalatnama from your country itself.

You do not have to approach consulate or embassy for this

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

It comes under section 23(2) of the DV act of 43 of 2005.

You can engage the services of an advocate over phone too from your place itself, he/she will let you know the further process in this regard.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hello sir , you need to Sign a "vakalatnama " in other words a declaration that you are hiring a perticular lawyer to represent on your behalf for the trial ... The lawyer can Scan a copy of it and send it through e-mail .. You can sign on it and can courier it Back to his office

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

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