• NRI US Citizen wife and their family filing false case

Dear Sir,

I have been married 3 months. I am US citizen got married in India Hyderabad recently through Islamic marriage. My marriage was arranged marriage. I came back to US but soon after the marriage my wife started threating me that she doesn't want to stay with my family. I must call her to US in one month or else I have to leave her. She kept telling me consistently that I should bow down and listen to whatever the financial matters or else I have to leave her. I have all that conversation in whatsapp and facebook. 

Now they are threating us that they will file false DV and Dowry case on me and my family. And that I have return to India etc. Now please can you advise on the following.
1. I haven't registered the marriage or produced marriage certificate in India as I was busy. Will they still be able to file case on me? We do have Nikah books.
2. If the things get settled outside court or in court, what sort of Alimony or losses I have to pay as the marriage lasted only 3 months and she is not ready to stay at my parents house.
3. As im not Indian citizen, do Indian court still considers the case? Also marriage not registered? Also Im not a position to travel to Hyd anytime soon. Can they still force me to come Hyd?
4. Also are there any precautions me and my family need to take to avoid trouble?
5. I also have one property in my name in Hyd, what rights she will have on it? Considering the marriage lasted only 3 months. 

Thanks
Asked 4 years ago in Family Law
Religion: Muslim

4 answers received in 30 minutes.

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21 Answers

1) non registration does not affect validity of marriage

2)alimony is at discretion of court . Depends upon your income , wife income , standard of living

3) if you are US citizen then your passport cannot be impounded as you do not hold Indian passport

4)Indian courts would have jurisdiction as marriage solemnised in India

5) ask wife to stay in separate rented flat . It would insulate your parents to some extent in case false dowry harassment case is filed against you

6) sell your property in India . Wife can seek right to stay in her matrimonial home seek injunction restraining sale of property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Yes even if marriage is not registered they can file a complaint as your marriage according to personal laws is legal.

2. If settled outside court according to personal laws alimony can be decided by both the parties. Further she can file for maintenance from you if not settled.

3. Since marriage in India and wife in India court shall consider the case. Further personal law marriage is valid even not registered. Court can take steps through embassy and us government to make you present before court.

4. You family can try for amicable settlement further the evidence to effect that there was no domestic violence and dowry demand can be kept in case she files any case it will be useful. In case of complaint family in india has to take a anticipatory bail.

5. Wife has no right on property she can claim only maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since you are in foreign country it's advisable to stay there in case they file dowry harassment case and apply for anticipatory bail thereafter get the FIR quashed since you are out of country the FIR will be quashed easily.

Secondly if you agree to pay maintenance they can take advantage of your weakness to ready to compromise and may demand huge amount or property so it's advisable to let them file for maintenance in court and let court decide amount so that she cannot remarry till u keep paying her maintenance. Though marriage is not registered yet nikah book is there that's enough to presume marriage between you and her. She will not have any right on your property unless your Islamic law provides any specific provision of share of property to wife.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) Nikahanama or Nikah Books are valid proof of marriage. Registration of Marriage is not mandatory.

2) Husband under Muslim law is required to pay maintenance only not alimony.

3) Yes, after registering of the complaint the IO/Protection officer will submit his report to the Judge and if the judge is of the opinion that prima facie an offence under domestic violence or dowry act has been committed by you or your family members he may issue a summons/warrants. In that case, after registering of the complaint you may move the court for anticipatory bail.

4)Yes, they may force you to come to hyderabad.

5) As far as your property in Hyderabad is concerned, her right is limited to the extent of dower(Mehr) decided at the time of marriage and interim maintenance/maintenance order given by the judge in future after suit for maintenance will be filed by your wife.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Hello,

As the marriage took place in india ,you could be book according to the indian law . However you can give her a talak citing the above grounds .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. If marriage was performed as per religious rites and customs then non registration of marriage is no restraint to file such cases.

2. On settlement the fixation of alimony depend on mutual agreement of the parties. Otherwise the monthly maintenance varies @ 1/3 to 1/4th of income of husband.

3. Citizenship has nothing to do with the dispute as you would still be subjected to the rigours of law of the and.

4. Not much except to take bail if FIR is registered.

5. =Wife has no right of share in the property of husband though she has right of residence therein including seeking injunction on future sale of the property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, it is the case which depends upon the circumstances of each differently.

Secondly, if you want to settle it outside the court then it may be possible that she might ask for heavy alimony.

Thirdly, as you have all the conversation details where they have been threatening you for the criminal legal consequences, so you can use those for the ground of cruelity for divorce.

Fourthly, in this way, you may be able to save your self from giving any alimony to her as court would go with the impression that she had wrong intention to grab only money from you or to get her settle in US.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Do you have any children from this wedlock?

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1) As per Muslim Personal Law she will not get much benefits after marriage.

2) She may file case against you as per Special Marriage Act, but for that also you both should have leaved separately for at 6 months and you can file divorce after 1 year of your marriage date.

3) Only 3 months had happened to your marriage so you can go for annulment of marriage. So you don't have to come each time on case date, here you can assign any one member of family in POA.

4) Go for annulment of marriage.

5) She does not have any rights on your property till you're alive, but can claim for alimony and maintenance its depending upon net income and living of standard in matrimonial home accordingly that 25% of your net income alimony may grant by court per month or lumpsum amount.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Having a Marriage Certificate is not mandatory. Nikahnama would suffice for your wife to file cases against you.

2. You'll have to pay your wife monthly maintenance which would be decided by family court. As per Muslim personal law there is no provision for permanent alimony. But you have to pay the amount fixed as DAYEN-MEHER in the event of divorce.

3.Indian courts would have jurisdiction to entertain the case as the marriage took place in India and you would be tried as per Indian Laws. You might be required to come to India, if your wife files cases against you and your family.

4.You should apply for anticipatory bail before coming to India to as to prevent any jail time.

Also, give a complaint to a Police station in Hyderabad stating that you're wife is threatening you to file concocted cases against you and your family and to take action against her also intimating them the same.

5. You can transfer the said property in some family member's name by way of gift or relinquishment deed as your wife can claim residence rights in that property since it belongs to her husband.

Feel free to call.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1. I haven't registered the marriage or produced marriage certificate in India as I was busy. Will they still be able to file case on me? We do have Nikah books.

Opinion:- marriage is registered or not, but if there are any matrimonial offences committed by the party then the case can be filed and she may file DV or other cases against you in India.

2. If the things get settled outside court or in court, what sort of Alimony or losses I have to pay as the marriage lasted only 3 months and she is not ready to stay at my parents house.

Opinion:-the matter of settlement completely depends on the parties, it depends on the mutual consent of both of you and your families. as she is not ready to live with you peacefully and not ready to live with your parents than you may pronounce talaq to her and live your life as per your wish and will.

3. As im not Indian citizen, do Indian court still considers the case? Also marriage not registered? Also Im not a position to travel to Hyd anytime soon. Can they still force me to come Hyd?

Opinion:- if you are unable to appear before the court then you may appear before the court through your power of attorney holder, if any relative or family members are reside in India then they can be appointed as your attorney and they may appear on behalf of you.

4. Also are there any precautions me and my family need to take to avoid trouble?

Opinion:- Pronounce Talaq-E-Ahshan/Talaq-E-Hasan is the best option for you, do it immediately and fight the cases on merit if they filed.

5. I also have one property in my name in Hyd, what rights she will have on it? Considering the marriage lasted only 3 months.

Opinion:- If the property is residential property then she may claim residence order.

Apart from the above, she may claim maintenance from you as she is your legally wedded wife and 1/3 of your income can be granted as maintenance to her.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. Since your marriage was solemnised properly with her by following the procedures of Islamic law, you cannot say that she is not your legally wedded wife.

Registration of marriage is just a formality.

2. The alimony aspect can be discussed and decided as per the compromise agreement.

3. They cannot extradite you to India especially on the matrimonial issues.

You don't respond.

4. If they anticipate trouble from her side they may obtain AB first and then challenge her case in court.

5. She will not have any rights on your property, especially during your lifetime.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

The registration of marriage does not make any difference here in India as you are married here with Indian national your wife has all the opportunity to file a case of domestic violence against you and your family and you need to protect yourself from arrest buy optaining anticipatory bail in this regard the alimony is allowed by the court after consideration of all the relevant material facts in the marriage along with social and economic background of the parties in case there is any petition in the court you can give a power of attorney to your parents or any close relative to look after the case in your absence and appear before the court only when it is insisted by the court to do so

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. You can not deny having married to her before several guests and the Moulavi/Qwazi shall give evidence that you have married her. moreover you have the Nikah book. So, she is your legally wedded wife having all the rights to file the cases which an Indian wife is entitled to file against her husband,

2. There are certain misconceptions about law which have been cleared by the Supreme Court like, it is not legally binding on the wives to serve her parents in law or stay with parents in law when the husband stays away or grandparents are not legally bound to baby sit their grandchildren etc. So, her refusing to stay with your parents may not be accepted by the Court as a valid ground for seeking the decree of divorce by you.

3. You are an Overseas Citizen of India and have married an Indian girl in India. So, Indian Law is applicable on you.If she lodges a police complaint against you and your family members u/s498A of IPC, then all the accused shall have to avail the anticipatory bail and then contest the case fittingly. In case of her filing a DV case, all the accused can fight it at the Court since there will be no arrest for filing DV case.In case of 498A case, you shall have to take Court's permission for leaving for UK and for absenting yourself during the next dates of hearings since you stay abroad for earning your livelihood and also as you are not a Citizen of India. Your not being a Citizen of India will help you in getting anticipatory bail and also Courts permission for leaving for your Country.

4. You should collect all the evidence of her threats given to you for lodging/filing false complaint/case against you by audio/video recording her such conversations and then lodge complaint to the police stations of the areas where your and her parent's houses are located. This act of your will immunise you a bit form any adverse action from the police.

5. She will have no right on your property during your lifetime.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Yes she can file a case. You and your family needs to take Anticipatory bail if she files any case for non bailable offence. Yes you can settle the same through outside court settlement.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

1) since you are not an Indian cozen your passport cannot be impounded by RPO in india

2) dowry harassment cases take 10 years to be disposed of

3) divorce decree should be apostles in USA then sent to India

4) maintainenace deoendsvupon your income, wife income , standard of living etc

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Yes you can it notarised further Indian government is banning talaq e bain too though the act has still not been notified.

2. if they file a criminal case against you since you are not Indian citizen and doesn't hold Indian passport they have to start extradition procedure to get you in India. Further you can be arrested if you travel to India pending cases you have to seek a bail for that.

3. The trial takes time if criminal case though if there no evidence with them further you immediately went back to US as such you can file before high court for quashing of FIR.

4. Maintenance has to be paid till time she remarries. the order has to be challenged before higher court for cancellation,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Have both of you agreed to have divorce? You can have the divorce strictly following Sharia. You should send the three talaq notices through the local Qwazi and finally send the talaqnama being endorsed by the said local Qwazi with his seal put on it. It need ot be further notarised as per law but you can notarise it to be on the safest side.

2. If she files any dowry harassment case u/s498A of IPC against you and your Indian family members, then all of you shall have to avail anticipatory bail first and then contest the case fittingly. Your mobility will not be impaired since you are not an Indian Passport holder.

3. It might take 1 to 2 years to get the case disposed off.

4. If maintenance is awarded to her then you shall have to pay her the said maintenance till she remarries or she gets employment to earn adequately to maintain her ownself.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. It is not mandatory to get it notarised, but it is always adviced to do so.

2. An Extradition request for an accused has to be initiated in the case of under-investigation, under-trial and convicted criminals. In cases under investigation, abundant precautions have to be exercised by the law enforcement agency to ensure that it is in possession of prima facie evidence to sustain the allegation before the Courts of Law in the Foreign State. In short, it is a very cumbersome process. BUT Do not visit india, without getting Anticipatory bail, else you'll be arrested at sight.

3.These matter take around 5-7 years to disposed off, but it varies from court to court, state to state and otherwise.

4. you'll have to maintain your wife for her lifetime, unless he remarries. In case she marries again , maintenance stops.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Divorce in court will take one year.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1. You can either notarise the same or get it apostilled from the authorities at your place.

2. since you are not n Indian citizen, you should not face any such problem, however it depends on how they bribe the local police and trying to exert pressure on you by filing false criminal cases and terrorise you.

3. Cannot be predicted.

4. It depends, agaisnt it cannot be predicted owing to various factors involved in it.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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