Marriage in U.S. and cancelled in the U.S. Is there any legal hassle in India if my ex tries?
I was married in the U.S. based on American customs. In 2 weeks, I realized that this was a big fraud. Girl was divorced two times and it was not disclosed to me earlier. I got my annulment from the U.S. Court already. My ex filed a false complaint against me to CAW Cell. Officer is trying to play smart and trying to scare me that I am still legally married in India. I am shocked. legally is there anything in India. I've not even visited India due to this fear of any false stories of claims.
Asked 6 years ago in Family Law
Religion: Hindu
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66 Answers
Your marriage needs to be registered in India under the provisions of Special Marriage Act, for you to be considered as legally married in India
One has to obtain a marriage certificate back in India as proof of marriage under above act
No one person can apply. Both spouses need to apply
There is a legal procedure to be followed to be considered as married in India
Advocate, Mumbai
7509 Answers
79 Consultations
Thank you Yusuf. This CAW Cell (New Delhi) officer is telling my parents that if I do not settle (pay money), then a Look Out Circular can be issued and a record will come, which could lead to my cancellation in Work Visa here in the U.S. My parents are both 68 years old and do not know these things, so get panicked. I already couriered this officer my annulment decree from the U.S. and also traced and got the proof of prior two marriages of this girl. Do you think CAW Cell can still open an FIR against me? And do they have powers to issue a Look Out Circular? Or do you think he is trying to scare me? What are legal boundaries? Thank you
Asked 6 years ago
If the girl or her accomplice who is helping her, say that the marriage is valid in India, then under both the Hindu Marriage Act and Special Marriage Act, one of the mandatory conditions is that the prospective spouse should not already be married prior to the marriage
So even otherwise the marriage in India is illegal and does not have any legal standing or basis as per Indian statues since the girl was already married before she married you
The fact that the officer requires you to 'settle' clearly shows he is blackmailing you
Complain against that officer to his higher ups
Nothing threatened by him against you will see any fruition
Moreover your marriage is already annulled by a US court of law
Its quite preposterous to even suggest that the marriage must be annulled again in the person's home country
This is akin to double jeopardy
You got married under the US customs and did not marry before the Indian consulate or embassy in USA for your marriage to even fall within the ambit of Foreign registration act
Advocate, Mumbai
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Only after registration of FIR and if you do not participate in the proceedings it is only the concerned police station with the orders of magistrate coirt can issue look out notice. Case for dowry demand in your facts if the case cannot be registered. Under section 498A case can be only registered against the husband and her in laws. In your facts your marriage is already annulled before filing the complaint. Please read the relevant section and send a reply to CAW cell addressing the DCP caw cell.
Advocate, New Delhi
198 Answers
Thank you Yusuf and Jai. Quick clarification - (1) My ex was married and divorced two times. Before my marriage with her, I was told only one time. (2) In her complaint to the CAW Cell, there is no dowry claim as she has valuables that belongs to me. She claimed that I had forceful sex with her, while the reality is that she forced sex on me. Yes, this is the truth...she has issues. (3) She filed the complaint in India on Jan 22 and on March 1 it was officially registered in New Delhi. (4) My marriage happened in Las Vegas on Nov 19 and I got my annulment on April 20, based on drunk and marriage ground. I submitted proof of drinking as well.
This CAW cell officer is telling me that since her complaint was filed before I received the annulment, I am still responsible for a settlement. And telling me to come to India to talk on the table and telling my parents that he is forced to favor women. I told him that marriage happened in the U.S. with American (Cathelic) customs, so how can he even accept a complaint that is not even registered in India. he is not listening and telling me that he is instructed from above that he has to favor women. When i submitted my response to this CAW Cell officer, I produced evidence that she drinks and all the related annulment papers.
With this context, can they (CAW Cell) still try to harass me for money (settlement) legally? My concern is legality of this situation. My parents are heart patients and if this could get complicated then I will rather pay and move on, else I will not bow down to the blackmailing. Please share your views.
Asked 6 years ago
1) your marriage has been solemnised in US as per Us customs
2) annulment decree has been passed by US courts on grounds of fraud
3)you are not legally married in India as your marriage has not been registered with Indian embassy under Foreign marriage act nor it is registered in India
Advocate, Mumbai
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you can come down to India have your statement recorded
2)mention that wife had suppressed material facts about her 2 previous marriages and anullment decree was passed on account of fraud
3) if you cooperate in investigations no LOC would be issued against you in India
4) no need to pay any money to your ex wife
Advocate, Mumbai
94695 Answers
7528 Consultations
no part of cause of action has arisen in India
marriage was solemnised in USA and anullment also granted by US courts
as mentioned earlier you must cooperate with investigations
if FIR is registered against you file for quashing in HC
Advocate, Mumbai
94695 Answers
7528 Consultations
USA court's annulment decree on account of fraud committed by wife of suppression of material fact of prior marriage would be valid in India.
Since, your marriage wasn't registered under the provisions of Foreign Marriage Act or Special Marriage Act of India by the Indian Consulate, you cannot be legally considered to be married in India.
Advocate, New Delhi
6303 Answers
102 Consultations
There is no law in India that prohibits an Indian marrying with a foreigner in India
It is important to recognize that states in the U.S. have different laws and requirements regarding marriage.
Therefore, your wife cannot file any cases in India as you are not legally married as per Indian Laws.
You don't need to appear personally before CAW cell, Delhi and can give POA to appear on your behalf.
You are liable to pay any alimony or. Maintenance to your wife as the marriage is still subsisting and has been duly annuled by US courts who, were having jurisdiction to entertain such a case.
Free call to ask any other question.
Regards.
Advocate, New Delhi
6303 Answers
102 Consultations
As if now, please get a detailed reply prepared and send it to the caw cell and don’t do anything. This reply will help you in future if any case is Registered. No problem may be faced by your parents as normally no arrest is made in 498a cases if accused persons participate in the investigation.
Advocate, New Delhi
198 Answers
First of all your marriage, since you were married in american customs and marriage was annulled by court at jurisdiction in america the marriage now is not valid in India further so no complaint against you can lie in India.Neither the marriage was registered under Special Marriage act so you are not legally married in India after annulment by US court.
Further there is no cause of action in Indian so the police station and Indian courts donot have jurisdiction.
Advocate, Ahmedabad
25514 Answers
179 Consultations
See if the officer indulge in wrong practice he can register FIR that may be false and can issue a look out circular against you.
So in this case you should first of all approach higher police officer as SP and commissioner and can give a complaint letter against the said police officer and can present your evidence.
Further if need be record your statements before police present the proof and in case you record statement there shall be no issue.
In case he files false FIR approach high court to get it quashed.
Advocate, Ahmedabad
25514 Answers
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Further more conveniently firstly without commimg India you can prepare a detailed reply with copy of all the evidences of annulment and marriage in US you can submit before the concern police station through your parents or can hire a lawyer so that he sha take recipt endorsement from police of reply filed by you. Also of need be then you can come and record the statement further mandetaroly bring issue before senior officials.
Further there is no cause of action in India so no jurisdiction to file complaint that is reason he is asking settlement secondly if she claim you forced sex on her that is also not maintainable as you both were maried at that time and annulment was received later and india marital rape is not offence the dates and events can be seen. Further looking at facts available here no case is maintainable against you.
Advocate, Ahmedabad
25514 Answers
179 Consultations
1. Since her complaint is prior to annulment, the complaint still stands despite your marriage being annulled
2. But they cannot force you for a settlement on monetary terms to close the complaint
3. You are entitled to defend the complaint by giving your side of the story with documentary proof
4. Also mention about your valuable she has retained with her despite the marriage being annulled
5. If a reasonable amount is being sought to close the matter then you can consider that
6. If they are asking exorbitant amount from you then that is pure blackmailing which you can defend strongly
7. Even if the CAW cell rules against you, you can always appeal to its higher authority
8. Based on how reasonable their behaviour and attitude is, it is a call which you need to take
Advocate, Mumbai
7509 Answers
79 Consultations
You do not need to settle with your wife as no case can be made out against you. Moreover,Supreme Court of India has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code.
Even if she succeeds in, getting a false FIR against you, you don't need to worry as Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by committee appointed for such purposes.
Till report of the committee is received, no arrest can be effected.
So, your parents won't be arrested in any case soonafter the registration of FIR.
Hence, it wouldn't advise you to pay any money to your wife as the days of misuse of 498a are over with the new Supreme Court judgment.
Advocate, New Delhi
6303 Answers
102 Consultations
1. Did you marry your wife following Hindu rites and customs in addition to marrying her as per the prevailing Act in the USA?
2. Did you get the decree of annulment of marriage from the Court by filing a petition which was contested or attended by her?
3. Did she file the DV complaint after the annulment decree was passed by the USA court?
4. If all the answer to the 1st question is negative and rest are affirmative, then your ex-wife can not file/lodge a DV case/complaint in India.
5. The officer may not know that you had married in USA as per USA Act and not as per any Indian Act as is commonly done by the Indians and in that case the order passed by USA Court is treated as invalid.
6. Send the police a letter stating that you had married in USA as per USA act and not as per any Indian Act following Hindu customs and rituals and your said marriage has already been annulled by the USA court for which Indian law is not applicable on you and also that she is no longer your wife as per USA law by which your said marriage was solemnised.
Advocate, Kolkata
27219 Answers
726 Consultations
1. It appears that the IO is not aware of the law and he is just following the standard operation procedure to be followed against NRI husbands who marry in India as per Hindu Marriage Act and get the decree of divorce ex-parte in the USA.
2. You shall have to send him a detailed reply to the notice sent by him.
3. In case FIR has been registered and you are not appearing even after receiving repeated notices, LOC can be issued.
4. It will be prudent on your part to engage a local lawyer in India to assist your old parents while attending investigation to be made by the IO.
Advocate, Kolkata
27219 Answers
726 Consultations
1. You were defficient in providing the required details in your 1st query.
2. She is habitual drunker, she married twice earlier which she did not tell you etc . are reasons for getting your marriage annulled but the instant case is that she has lodged a DV complaint before the CAW of N. Delhi Police.
3. She has lodged the said complaint of DV before the marriage was annulled in USA. DV complaint can be lodged even after getting the decree of divorce.
4. In the instant case both of you are Indian and she has not filed any divorce case. She has lodged the police complaint that domestic violence has been committed on you for which the N.Delhi police I.O. has all teh right to start and pursue investigation in to the matter.
5. If you are still an Indian, it will be prudent on your part to appear before the IO and co-operate with the investigation.
6., There will be no arrest made by the police in case of DV complaint.
Advocate, Kolkata
27219 Answers
726 Consultations
Thank you all for your guidance. I feel much relieved with the response. Somewhere there is God to help! I did send a detailed response with a lot of evidence (include her Bio-Data that says 1 time divroce & her two divorce decrees - Yes, a friend of mine was able to get the decrees from court house). I also included a email that I received from my ex's Uncle where he is admitting that she had unreasonable sexual demands ( I should file a DV case actually. It is shameful on how this girl has made of herself and shame on her parents who are dragging this...). All these were sent to the Investigating Officer 2 weeks ago.
When my parents went on May 26, the officer did not even mention about my response. he was saying paper (Annulment decree) comes from here (India) or there (U.S.) doesn't matter. Paper is paper. (He was gauging the fear and anxiety of my parents. My father told him that if my son's visa is cancelled, it's ok. - he will work in india, good for him. Or if the police will try to send him (my father to jail), good - he said he will continue his vipassana meditation there. Anyways, seems there is heavy corruption attempt here by creating fear, Question is below
Should I arrange to get a receipt of my response by having the office give me a stamp. 2 weeks before I sent my response through Fedex from America. If this officer denies having received the actual papers, then I do not have the proof later on what I actually sent. I do not trust this officer and the CAW process & people. If you all agree then I can send a friend with two sets and ask him or the CAW Cell (East District Delhi) to put a stamp on my response. So there is a record. Please advise.
Asked 6 years ago
you can also send the reply through some person and also on the email id available on the internet of the concerned caw cell DCP or any other concerned officer.
Advocate, New Delhi
198 Answers
Yes that what is necessary send a lawyer or your family member with two sets who will submit you response and take signature of concerned police officer on the other set as evidence of receipt of said reply.
Further also submit the copy of this reply along with evidence to the senior officers and mark them (CC: Carbon copy) in your reply this will create pressure and you will have evidence that reply and evidence were submitted to senior police officers and police Inspector in case the police register false case.
Also in case your parents are called at station ask them to record there statement saying that you both never lived in India and the girl never lived with them.
Advocate, Ahmedabad
25514 Answers
179 Consultations
First of all, i would like to commend the actions of your father. He seems to be a very brave man.
Most of the people are afraid of police and tend to allow extortion themselves, but the way your father dealt with them should be the way to go.
If you do not trust the police officials, then you should do a courier yourself as well as ask your friend/ lawyer having POA to act on your behalf to go and do it himself and take acknowledgment for the same. It's advisable that you hire some lawyer to do this for you, since cops can't take them for a ride, like they do with layman.
Regards.
Advocate, New Delhi
6303 Answers
102 Consultations
You need evidence that your statement was received by IO
Keep postal acknowledgment for your records
Advocate, Mumbai
94695 Answers
7528 Consultations
Asa per Foreign Marriage Act, you can file case against her on below section
Foreign Marriage Act, 1969
21.Punishment for false declaration.-
If any citizen of India for the purpose of procuring a marriage, intentionally ---
(a) where a declaration is required by this Act, makes a false declaration; or
(b) where a notice or certificate is required by this Act, signs a false notice or certificate ;
he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable.
And annulment of marriage under Special Marriage Act
Advocate, Pune
12928 Answers
255 Consultations
Interesting! While she was technically my wife in Jan 2018, she was still allowed to file a DV even if the marriage happened on U.S soil and based on Cathelic Custom. And that is because I am Indian Citizen. The new developments are that they (girl's father) have asked for too much money. My parents walked away and came back to Mumbai. The IO is clearly not cooperating and not even reviewing the complaint or my response. In open terms, this IO wants to make money from both sides. Massive corruption. Key follow-up questions :
(1) What if I refuse to settle, what are the next steps ? If the CAW Cell decided to go for FIR, does it mean it goes to the court? If yes, does it mean I will be forced to still settle? Or if I still refuse, how long does the case take to come to trial?
(2) Given their behavior and malicious intentions, I doubt they will be reasonable in the near future. If I can give POA and if my parents are not required to go to the court, and if I am not harassed at the airport, then I think I might have to go to the legal route to get them to a reasonable ground or (ethically - get the FIR squashed). I have ton of evidence that this was a marriage fraud and her compliant is reserved., meaning I should be filing DV.
(3) On this last point, can I file a DV in Mumbai on my ex's name while I am still here in the U.S. as a Indian Citizen. And can I site this false complaint as a additional claim that she is harassing me?
(4) Lastly, if the IO and CAW Cell takes a biased decision to file an FIR, can I file a complaint against the CAW Cell for incomplete investigation and harassment to my parents?
Separately, I am meeting with a attorney here to see if I can file a harassment case against my ex's Uncle as he did reach out to a NGO (Saheli Boston) to extort money but that didn't work, so they went to Delhi and now trying to extort. Logically, there is a case even here.
Can you please help me with the above 4 points. Thank you all
Asked 6 years ago
1)once FIR is filed police would issue you notice to record your statement . conduct investigations and submit charge sheet in court . 498A cases take 10 years to be disposed of
2)husband cannot file file DV case against wife .
3)your parents can make application for exemption from personal appearance
4)objective of CAW cell is only to help parties in reconciliation
Advocate, Mumbai
94695 Answers
7528 Consultations
1. If a FIR is lodged against you after no settlement had been reached in CAW cell, the matter would be taken up in court.
It doesn't necessarily means that you have to settle with her, just owing to the fact that a FIR has been lodged against you.
You should contest the case and it would be dismissed at the very first instance, due to no jurisdiction of Indian Courts over this matter.
2. For quashing of FIR, you'll need to file a petition before High Court under section 482 CrPC,
Soon the FIR has been lodged, you'll have to seek anticipatory bail for you and your family in order to prevent any jail time. Moreover, Suprrme Court has issues latest guidelines, with respect to 498a cases that no arrest can be done until a report by the committee appointed for such purposes is submitted to the police.
3. I would advice you against it and it can definitely backfire against you.
4. Not really. Filing cases against IO and other police officials is not going to help you in your case, at this juncture of time.
You may also file cases against them, as per US laws for extortion as the cause of action arose in the territory of the USA, hence you can claim damages from your wife's uncle.
Advocate, New Delhi
6303 Answers
102 Consultations
1. Yes it goes to court and no you won't be forced to settle there will be trial. See in case she files a case burden is on her to prove the allegation she is leveling against you. The investigation shall commence police shall produce the charges geet before court. It depends on time it takes for investigation to start trial. Further as soon as FIR is filed high court can be approached for quashing of FIR.
2. POA cannot be given in criminal case, though you can seel permission from court an exemption to present before court. Further in Indian a men cannot file DV case it is only the women who can seek remedy under dv. Further in case her case is dismissed after filing you can file case against her for malicious prosecution defamation.
3. No dv by men in India possible.
4. See of there is corruption you need proof for that otherwise if there is incomplete investigation.or biased you can pray for reinvestigation
Advocate, Ahmedabad
25514 Answers
179 Consultations
I was married in the U.S. based on American customs. In 2 weeks, I realized that this was a big fraud. Girl was divorced two times and it was not disclosed to me earlier. I got my annulment from the U.S. Court already. My ex filed a false complaint against me to CAW Cell. Officer is trying to play smart and trying to scare me that I am still legally married in India. I am shocked. legally is there anything in India. I've not even visited India due to this fear of any false stories of claims.
Dont attend the calls of CAW.
Reject their phone calls.
Since you have married her as per US laws and your marriage was annulled as per US laws only then no complaint from her side would be maintainable in India, but who will convince the stupid and corrupted cops in India,?
Better ignore their calls and if they still threaten then you can tell them to proceed legally which can be handled legally by applying international laws to it.
The greedy ex is trying to put pressure on you on some false laws, hence just skip her.
Advocate, Vellore
84896 Answers
2190 Consultations
The CAW cell is trying to terrorise you and your family members.
The CAWS cell is not having power to issue look out circular.
The CAW cell cannot initiate any action without registering FIR.
Ask your parents to not to respond to their calls.
The greedy CAW cops will try to manipulate things to their favor just for the money received from her.
If they still insist on your presence, you may write to the top police officer controlling the CAW cell with documentary proofs that your ex is trying to extort money on such false cases like how she did earlier with her two ex-husbands.
Advocate, Vellore
84896 Answers
2190 Consultations
With this context, can they (CAW Cell) still try to harass me for money (settlement) legally? My concern is legality of this situation. My parents are heart patients and if this could get complicated then I will rather pay and move on, else I will not bow down to the blackmailing. Please share your views.
If the CAW cell is insisting you to settle money you may give a complaint against them to the vigilance and anti corruption wing for demanding bribe agaisnt them and endorse a copy to the Delhi Lt. Governor about this.
You can also mention that since the cause of action is reported to have taken place in US, no action is maintainable in|India but she manipulated the issue and bribed the CAW cops to initiate legal action in India,
Moreover the cops demand money to settle the issue.
Advocate, Vellore
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2190 Consultations
Should I arrange to get a receipt of my response by having the office give me a stamp. 2 weeks before I sent my response through Fedex from America. If this officer denies having received the actual papers, then I do not have the proof later on what I actually sent. I do not trust this officer and the CAW process & people. If you all agree then I can send a friend with two sets and ask him or the CAW Cell (East District Delhi) to put a stamp on my response. So there is a record. Please advise.
In my opinion, you have had enough of the this CAW corrupted cop.
Now, you ignore him and also tell your parents to to not entertain any of his moves or get discouraged to his threats.
You may write to the higher police officer and also to the Indian Embassy at US to take up this matter to the home ministry through external affairs ministry about the atrocities of this CAW cop.
As a matter of fact he cannot take up the case for which the cause of action is reported to have taken place in US and not in India.
You make sure that you were in US at the time of the reported incident in her complaint.
You have lot of avenues open, you can utilise plenty of options to plug the corrupted cop of CAW cell..
Advocate, Vellore
84896 Answers
2190 Consultations
1) What if I refuse to settle, what are the next steps ? If the CAW Cell decided to go for FIR, does it mean it goes to the court? If yes, does it mean I will be forced to still settle? Or if I still refuse, how long does the case take to come to trial?
First of all let them register the FIR, they cannot do it since the cause of action is reported to have taken place in US, hence even if they register the case dont worry, you may just ignore the calls and block their numbers.
They cannot do anything to extradite you from there to India.
If you dont attend the court then there can be no trial also, the case will remain pending, let it be there.
(2) Given their behavior and malicious intentions, I doubt they will be reasonable in the near future. If I can give POA and if my parents are not required to go to the court, and if I am not harassed at the airport, then I think I might have to go to the legal route to get them to a reasonable ground or (ethically - get the FIR squashed). I have ton of evidence that this was a marriage fraud and her compliant is reserved., meaning I should be filing DV.
POA deed is not allowed for criminal cases.
You may file a quash petition to quash FIR based on the facts and events.
(3) On this last point, can I file a DV in Mumbai on my ex's name while I am still here in the U.S. as a Indian Citizen. And can I site this false complaint as a additional claim that she is harassing me?
Men cannot file domestic violence cae against women.
(4) Lastly, if the IO and CAW Cell takes a biased decision to file an FIR, can I file a complaint against the CAW Cell for incomplete investigation and harassment to my parents?
You can file a petition seeing quashing of FIR based on the false case.
Advocate, Vellore
84896 Answers
2190 Consultations
1. You have mentioned in your query "All these were sent to the Investigating Officer 2 weeks ago. ". How have you sent it? If you have sent those papers through courier, then collect the delivery report from the said courier which will serve as en evidence of your sending those papers. You should send a copy thereof to the senior officer of the said IO also.
2. From your letter it is not clear as to what is the complaint lodged by your wife. Is it s dowry harassment complaint? Has any FIR been registered by the police or being threatened to be registered by them?
3. If the complaint is for dowry harassment u/s498A of IPC and a FIR is registered based on the said complaint, then, apply for and avail anticipatory bail from the Court and also take leave from the court for not being present on the dates of the daily hearings since you are working abroad for earning your livelihood.Thereafter contest the case fittingly through yiur lawyer.
4. If it is only a DV case, then do not worry, no arrest shall be made against the said complaint case filed by your wife.
5. First find out what is the complaint she has lodged and thereafter act as advised above and in my earlier posts.
Advocate, Kolkata
27219 Answers
726 Consultations
1. India has not yet become a police state where the police will give the final verdict. They are just scaring you to extort money from your parents. No body can force you to pay money to settle the dispute with your wife. Let the matter go to the Court where you can contest the case fittingly. The case might take 1 year to take to trail and be disposed off within 2 years.
2.Your mother can lodge a police complaint against her and file a DV case against her. Husband can not ordinarily file DV case in India.
3. You can file a police complaint against her for lodging/filing false complaint/case against you for causing damage to you. Your mother can file a DV case against her.
4. No, If FIR is filed against you, then all the accused shall have to avail anticipatory bail and then contest the case. Once AB is availed, 80%v case is own since she will not be able to prove any of her allegations.
5. You can file a police complaint against her uncle for lodging false complaint against you for the purpose of extorting money from you and for causing damage to you.
Advocate, Kolkata
27219 Answers
726 Consultations
Thanks again. I got all the clarification I needed. it's all corruption within the CAW Cell process. I spoke to the IO and he asked if my ex was notified of an annulment, I emailed him the court appointed constable's statement. Then he is asking if there was a settlement amount agreed here. In other words, he is finding all options including what and if anything can be done legally in India. Then he asked me the marriage ceremony ritual. I told him I've evidence that it was American Wedding.
Marriage is already annulled in April and still this IO is saying to me that it may take few months to investigate further. I told him a 'x' number if it's settled here in one month, else I will hire an attorney he decides to register a FIR against me. He is not even talking about the content of compliant. To him it was all about how he can legalize the marriage in India. So seems the complaint about cause of action being in the U.S., does not have a bearing in India. In India, only marriage based case can be created. and since none of the 3 laws are applicable, I think I am safe. (God is there for sure to help out)
so for now, I'll wait for 15 days to a month to see how things develop there. Meanwhile, I'll find what legal options I've - to go after the Uncle for a mental harassment case. I've some significant evidence and America is very strong when it comes to harassment. If I can, i'll do it after this India matter is over. Uncle could be in trouble for committing a marriage fraud, visa fraud and then benefit fraud (harassment to extort money).
Asked 6 years ago
1. Let your mother file a DV case in India against your ex-wife.
2. This will keep your ex-wife busy in defending her.
3. Send a complaint letter to the superior officer of that IO informing that a false charge is being tried to be brought against you to extort money.
4. Engage a local lawyer having expertise in this field to make preparation to take on to her in the court.
Advocate, Kolkata
27219 Answers
726 Consultations
Good luck and will further help you if required. Further insure from your side that IO if register complaint he gets all evidence and record them in his investigation .
Further carry out the process against uncle with help of US attorney.
Advocate, Ahmedabad
25514 Answers
179 Consultations
You better do not respond to the calls made by the IO back in India.
He is toothless but a big mouth corrupt idiot may read between the lines to just terrorise you.
He cannot take any action if the cause of action is not within his jurisdiction even though it might have happened in India.
Therefore any FIR of legal action he is trying to trap you inside will not be maintainable.
If the matter is taken up before high court for quashing, he would be condemned by high court for such an illegal or unlawful act.
Advocate, Vellore
84896 Answers
2190 Consultations
I would advice you to stop contacting the IO at all, as based on your conversation with him it is implied that he has no authority to file a FIR against you, as no indian court has jurisdiction to try such a complaint and his motive is to extort unjustified monies from you. So, it's better you avoid him altogether.
In the meanwhile, you can sue your ex's uncle in USA as laws are very strict there and cases are decided very quickly.
All the best for your future endeavours.
Regards.
Advocate, New Delhi
6303 Answers
102 Consultations
File case against uncle in USA to pressurise wife to come to a settlement in India
Advocate, Mumbai
94695 Answers
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Update and a question - Seems the CAW Cell officer is now balancing is position. After he reviewed my file, he told my parents that seems your son is honest person and the other side tried to trap him and now they are trying to get as much money as they can, because your son is an NRI. So he told that there is something call a legal cell of the CAW Cell. He will consult with them on the facts of this matter to assess whether a case can be made or not. I will restate the facts of my situation below, can you please opine on whether there is an legal catch against me.
"I married in Las Vegas. A 9 minute American Wedding. I've the video that it was a Cathelic wedding. Marriage was not registered here in Indian Consulate or Embassy, and I have not visited India at all (so even in India marriage is not registered. I've already received an annulment from the Vegas Court. Grounds was drinking. I submitted the drinking evidence and also sent to the CAW Cell officer." My ex in her complaint wrote - "forced sex (rape) and abandonment and cheating. except for marriage, there is no evidence in her complaint. There is no dowry written. I got the copy of the complaint. In fact, I paid for her ticket, so she can't even say that she spent her money."
My questions are (1) Can the marriage be forced as legal in India? (2) if not, then her complaint about forced sex (rape) be considered valid even though I was married at the time. (3) I know there is DV act of 2005. But in this context and all counter evidence that I've what are the chances that the legal cell of CAW will use that act.
(4) what is the legal cell ? or is the CAW Cell officer making something up to try and get both parties to settle?
I am trying to understand and see if matter can be closed in India first, to avoid visits of my parents and then evaluate options against Uncle here.
Thank you. I appreciate your support and help.
Abhi
Asked 6 years ago
Maritial rape is not an offence in India as she was your legally wedded wife
2) Provision of DV act are not maintainable against you . No part of cause of action has arisen in India
3) CAW cell cannot force you to settle
Advocate, Mumbai
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1. No the marriage was under american law and was annulled there it cannot be forced here in India.
2. See at that time you were married annulment was passed later, so technically you were married so in india there is nothing such as marital rape further no prove that it happened,
3. No cause of action is in India so they donot have jurisdiction for DV in India.
Further since there is no evidence of alleged cruelty the police will most probably not use such sections.
4. Legal cell is the division of CAW cell wherein the complaint is referred to for recommendations on whether FIR should be filed or not. Yes it exist he is not making it up
Advocate, Ahmedabad
25514 Answers
179 Consultations
1. No. The marriage is not legalised in India as no registration for the same has not been done under the Foreign Marriage Act or Special Marriage Act of India by the Indian Consulate, hence it cannot be enforced in India.
2. The law would recognise that you're legally married to the girl but just cannot entertain such cases due to no jurisdiction as no cause has occurred in India. Moreover, marital rape is not a offence in India.
3. The complaint under The Protection of Women from Domestic Violence Act, 2005 is not maintainable too, as no part of cause of action has occured in India.
4. The legal cell of CAW cell would try to settle this matter, without going toccourts, which makes them the most money. But they cannot coerce you into settling with your wife against your free will.
Regards.
Advocate, New Delhi
6303 Answers
102 Consultations
1. No, the marriage cannot be enforced in India as per Indian laws.
2. Her complaint is not valid in India.
3. If the cause of action is in a foreign country, then this DV caase is not maintainable due to jurisdiction point of view.
4. It is a department within the CAW cell which will mediate between the parties for reconciling the differences.
Advocate, Vellore
84896 Answers
2190 Consultations
(1) Can the marriage be forced as legal in India?
As marriage was not solemnised in India and further not annulled in India, the marriage is not valid in India.
(2) if not, then her complaint about forced sex (rape) be considered valid even though I was married at the time.
That cannot be the case. Forced sex during marriage is not even rape in USA.
(3) I know there is DV act of 2005. But in this context and all counter evidence that I've what are the chances that the legal cell of CAW will use that act.
Depends, they may use or they may not use. They may also register the case, then you have to contest the case.
(4) what is the legal cell ? or is the CAW Cell officer making something up to try and get both parties to settle?
- its part of caw cell, where lawyers participate, they provide the opinion whether FIR/Case should be registered or not in some cases, where investigation officer cannot come to decision what to do with the case.
Advocate, New Delhi
198 Answers
Thank you again, Now I got the clarity. With regards to DV Act of 2005, I read an article from Diplomat website "A Curious Change to India's Domestic Violence Law" published on Nov 26, 2006, that a bench of supreme court had struck down the "adult male" from the act. That means a woman can file against woman and possible even man can file against woman.
The evidence that I produced to this Investigating Officer counters her claims and makes me eligible to file against her. I've email from Uncle, a audio recording from my ex's second husband and a direct evidence from her about her sexual misconduct and abnormal demands...And matches with the statement I submitted.
The DV Act of 2005 does not say clearly about jurisdiction of India as it relates to Indian Citizens living abroad, With regards to territory, it does say that Jammu and Kashmir is excludes from this law. So indirectly it does, So lets see what legal cell comes back with. This IO have realized that evidences and story are all against my ex. If they come to reasonable terms, I will settle and move on. Else will ask the IO to accept my formal statement by putting a stamp on it and thereafter file the case, and will fight it in the court of law. If it reaches that stage, then I will reach out to one of you who is from New Delhi.
My lesson learned is - No more girl from India. I will find someone here in the U.S. The risk is not worth it. Girl and girl's family create a beautiful story before marriage and later reality and shocks hit the guys.
Thanks
Asked 6 years ago
The mam cannot file against women or another man under domestic violence act it is not gender neutral law only a women can file against a man or another women as under D V act the aggrieved person is only women Refer the definition: (a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
You cannot file a case of domestic violence against her you can file for threats intimidation, further cheating for visa.
Advocate, Ahmedabad
25514 Answers
179 Consultations
The IO has got nothing to do with the DV case.
The IO will be investigating into the 498a and dowry harassment criminal case, dont mix up different subjects and get confused.
The IO has got no power to decide about the complaint or its disposal.
He can submit his findings as report to the court and the court after conducting trial i.e., after hearing both the sides, it may decide and dispose the criminal case on merits.
Your statements and evidences before IO at this stage will be of no use because you cannot trust the cops as they will tilt to the green sides.
Basically, the case is not maintainable as the reported cause of action has taken place in a foreign soil, hence these people have no jurisdiction to conduct inquiry into the alleged offences mentioned in the complaint.
You can discuss with an advocate before taking any decision in this regard
Advocate, Vellore
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2190 Consultations
You must contest DV case on merits
2) burden of proof is upon wife to prove allegations made by her in DV case
Advocate, Mumbai
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If police would find that there are no merits in the case filed by your wife, then they will close her complaint as a false complaint.
My lesson learned is - No more girl from India. I will find someone here in the U.S.
A- Absolutely. Getting divorce is quite easy in the States as compared to India. And, no dowry laws also are a big plus there.
Good luck!
Regards,
Siddharth Jain.
Advocate, New Delhi
6303 Answers
102 Consultations
Some new developments. Question is below. Seems the CAW Cell IO is now balanced and cooperating. He told me that the girl's father has made a complaint to FWCA claiming marriage fraud and domestic violence. I googled and found out that there's something called DSLSA and it as several branches in Delhi and has wings. I asked this IO in what is the next step. He asked me to obtain a certified copy (with court seal) of all documents that were submitted to the court here in the U.S. to show to the committee / members of DSLSA so that the DSLA committee could be convinced that the matter is properly addressed by competent court at the place where the marriage happened. (Reality is that the girl's father is trying anything and everything to somehow get a case launched against me so he can both try and harass me / my family & get maximum amount through settlement. He is taking revenge (as I separated from my ex and got an annulment -not sure what's going on in his mind..). My question is as below:
- It appears that the CAW Cell IO cannot close the compliant unless he gets a nod from the DSLSA. What is DSLSA and what are its powers and authorities.
- If my ex's father was able to make a case, he would have already done by now. He is not able to. Seems the FIR can be launched only by the CAW Cell. And the IO is realizing that compliant is false.
- I think ex's father must have shown the copy of the complaint filed at DSLSA to this IO, hence he is now obligated to get their approval / consent before proceeding further.
- For a case to go on trial, if a cause has occurred outside the Indian territory, I found that Section 188 cr. pc is applicable but central government's approval is needed. Is this DSLSA that authority.
Can you please share your views. Other side has malicious intentions, so only law can protect me. Thank you
Asked 6 years ago
DSLSA STANDS FOR DISTRICT LEGAL SERVICE AUTHORITY
2) In exercise of powers conferred by Section 29 of the Legal Services
Authorities Act, 1987 (39 of 1987) and in pursuance of provisions of
Section 4 of the Act to make available free and competent Legal Services
to the persons entitled thereto under Section 12 of the said Act, the
National Authority notified “National Legal Services Authority (Free and
Competent Legal Services) Regulations, 2010”. Scrutiny and Evaluation
Committees have been established in the Central Office of DSLSA and all
the 11 District Legal Services Authorities to scrutinize the eligibility of the
legal aid seeker to avail free and competent legal services and also to
evaluate merits of the case of the legal aid seeker.
2) Application for seeking legal services-
(1) An application for legal services may be presented preferably in
Form-I in the local language or English.
(2) The applicant may furnish a summary of his grievances for which
he seeks legal services, in a separate sheet along with the
application.
3)An applicant advised by the para-legal volunteers, legal aid clubs,
legal aid clinics and voluntary social service institutions shall also
be considered for free legal services.
(4) Requests received through e-mails and interactive on-line facility
also may be considered for free legal services after verification of
the identity of the applicant and on ensuring that he or she owns
the authorship of the grievances projected.
Advocate, Mumbai
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Consequences of false or untrue details furnished by the applicantEvery
legal aid seeker is duty bound in law to furnish correct and true
information in his/her application moved for availing free legal services.
This directive is governed by Regulation 6 of NALSA (F&CLS) Regulations,
2010, which is as under:
Consequences of false or untrue details furnished by the applicantThe
applicant shall be informed that if free legal services has been
obtained by furnishing incorrect or false information or in a fraudulent
manner, the legal services shall be stopped forthwith and that the
expenses incurred by the Legal Services Institutions shall be recoverable
from him or her.
Advocate, Mumbai
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Scrutiny and evaluation of the application for free legal services-
(1) There shall be a Committee to scrutinise and evaluate the
application for legal services, to be constituted by the Legal
Services Institution at the level of Taluk, District, State and above.
(2) The Committee shall be constituted by the Executive Chairman or
Chairman of the Legal Services Institution and shall consist of, -
(i) the Member Secretary or Secretary of the Legal Services
Institution as its Chairman and two members out of whom
one may be a Judicial Officer preferably having working
experience in the Legal Services Institution and;
(ii) a legal professional having at least fifteen years’ standing
at the Bar or Government pleader or Assistant
Government Pleader or Public Prosecutor or Assistant
Public Prosecutor, as the case may be.
(3) The tenure of the members of the Committee shall ordinarily be
two years which may be further extended for a maximum period
of one year and the Member Secretary or Secretary of the Legal
Services Institution shall, however, continue as the ex-officio
Chairman of the Committee.
(4) The Committee shall scrutinise and evaluate the application and
decide whether the applicant is entitled to the legal services or
not within a period of eight weeks from the date of receipt of the
application.
Advocate, Mumbai
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1.The family welfare committees have been constituted, in compliance with the order passed by the Supreme Court directing the District State Legal Services Authority(DSLSA) to constitute one or more such committees in every district.
2.The CAW cell cannot proceed, until and unless they receive a report from Family Welfare Committee. Any arrest will be made only if so recommended by the welfare committee, which has to return its finding in a month after getting in touch with the families involved.
3.It is standard protocol after the recent supreme court judgment that all complaints of dowry death, harassment or domestic violence made before the police or the magistrate would be referred to these committees.
Regards.
Advocate, New Delhi
6303 Answers
102 Consultations
SIr, DSLSA is delhi state legal service authority this provides legal aid to the people this does not have any such powers to guide police to file a FIR. But since the committee takes up matter for social cause, child and women welfare so it can be just a guiding body not authority.
Further the IO is not obliged to take approval of the DSLSA before proceeding. It is just body made for legal awareness legal aid there is no power over police.
NO Sir DSLSA is not that authority. See DSLSA is authority which provide free legal services representation to people, help people to settle dispute outside court, organise camps for legal awareness, helps in mediation and settlement of matter it doesn't have say or authority in guiding IO.
They may be asking from you documents if matter is referred before them for settlement or mediation, or police has seeked any reference
Further the case may be the police has referred the matter to family welfare committee committee that committee is made in accordance of the Supreme Court Judgement in the matters of matrimonial dispute the police cannot take any action against accused without the report of the family welfare committee the committee consist of there members who scrutinises complaint and further gives there report, Police based on their report can take action further. Also it is on police to accept or reject the report but in your case once the family welfare committee gives a report in your favour the police can reject the complaint. So furnish certified copy of all documents presented before US court before FWC and a detailed reply the committee shall analyise the documents and complaint and shall give there report.
Advocate, Ahmedabad
25514 Answers
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1. The marriage was solemnised and registered as per USA and can not be dealt by Indian law.
2. She shall have to prove that you had forced s*x upon her being your wife which is impossible for her to prove now.
3. Let CAW file the case against you as per DV Act. There will be no arrest made as per DV Act. You can very well contest the case and also take leave from the Court to abstain for personally being present during the daily since you stay abroad for earning your livelihood.
4. The Police might try to extort both the parties but might have now understood that you are on firm legal footing for which the I.O. has changed his stance and putting allegation on your ex-wife.
5. DV case can very well be handled in India. Engage a local lawyer having expertise in this field to handle your case.
Advocate, Kolkata
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1. “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. So, relationship might have established abroad based on foreign Act and in that case also the DV Act is applicable.
2. You can send the documents through Courier and collect the delivery report which will be treated as an evidence of your having sent the documents to the IO.
3. As suggested in my earlier post, your mother can file a DV case against your ex-wife.
Advocate, Kolkata
27219 Answers
726 Consultations
1. DSLSA means Delhi State Legal Service Authority. All the States of India has such legal service authority which provides legal services to the needy and also to them who can not avail legal services privately from the lawyers. It has no judicial power and authority but can influence the police to act based on law.
2.Your ex-father in law has understood that he can not get the DV case or FIR filed through the police for which he has approached the DSLSA to put pressure on the IO.
3. Let your mother also lodge a police complaint against your ex alleging domestic violence and then approach the DSLSA in the same way.
4. No DSLSA is not any judicial or administrative authority. It acts to ensure that justice reaches to all.
5. Have patent now. Your ex shall have to prove her allegation which is difficult for her to prove. Counter her malicious steps by filing a DV case by your mother against her in India.
Advocate, Kolkata
27219 Answers
726 Consultations
DLSA means district legal services authority.
They will be having mediators for ADR issues i.e., alternate disputes resolution.
Perhaps the CAW may be having a set up similar to DLSA for completing such issues through the said mediators.
Advocate, Vellore
84896 Answers
2190 Consultations
Thanks all. I am sorry to bother you again but I do not have a choice. I'm stating the developments below and after that I am asking questions to you. 3 Weeks ago this IO asked me to touch base in early July as he was going on vacation. I called him for past two days but he didn't respond. I was able to get hold of him today. He is saying that the opinion from Delhi State Legal Service Authority is not in my favor and recommendations have come to use Marriage Fraud and Domestic Violence Act against me. I responded that I am the one who experienced Marriage Fraud. I asked if he shared my response to the Legal Service Authority, he did not answer that question.
My concern is here in the U.S. these type of drama does not happen and if anyone puts a false accusation even in a divorce case, if the accusations are without merit - then there is penalty. And if the case is filed, then the risk I face is that the girl could email the complaint to my HR here and that could affect my H1B Visa renewal in the future. Further, the IO have some clues that he has some pressure from seniors to file and FIR and I feel that is the case based on the attitude of girl's father and the money they demanded without fear. They are thinking that if I can threatened hard then they can get a lot of money. Reality is that in the worst bad luck for me, I could lose my job if my company received any email and get's scared - and if that happens, then obviously I will not even pay a rupee and fight in India. Girl's father is experienced in cases as the girl was divorced two times already and girl's father is fighting a property case as well.
- What is this marriage fraud and how can they establish that - is there any section under law?
- Is it advisable for me to visit Delhi and meet the IO and the Legal Service Authority to explain and submit my response? will it help or will it be taken other way for more exploitation?
- Is there a way to find out if a Look Out Circular is issued ?
Asked 6 years ago
Don’t bow down to pressure tactics
2) no need to pay any money to ex wife
3) you can come down to India meet IO have your statement recorded
4) if FIR is filed apply for and obtain Anticipatory bail from sessions court
Advocate, Mumbai
94695 Answers
7528 Consultations
1. You shall have to contest the DV case filed against you fittingly. The marriage was registered in USA as per USA Act for which has already been annulled now. You can file a petition before the High Court u/s482 of Cr.P.C. praying for quashing the DV case..
2. Do not succumb to any pressure for exploiting you. You can meet the persons concerned .act interact with them understanding that all shall be trying to exploit you.
3. There will be no look out corner notice to be against against you for the said DV complaint lodged by your wife.
Advocate, Kolkata
27219 Answers
726 Consultations
In India also, you can file a case of perjury if a person is lying under oath in court or by way of affidavit under section 195 and 340 of the Code of Criminal Procedure.
In Marriage fraud, a FIR can be lodged against you for criminal breach of trust and cheating under section 406 and 420 of the Indian Penal Code.
You do not need to worry about the IO as is just trying to threaten you, in order to extort some money from you. You can simply visit India once and appear before the police station Noida to get your statement recorded and to adduce the evidence which you want to submit to the police. You can also file a counter FIR against them with the police. You should be accompanied with an advocate so that the police officials do not threaten you in any manner whatsoever.
Regards.
Advocate, New Delhi
6303 Answers
102 Consultations
As your wife has previously taken divorce more than once this can be used against her, in front of the Delhi Legal Services Authority (family welfare commitee) to prove that she and her family are the ones who have engaged in marital fraud with you and two other people as well. So, it's better if you visit here once as you are non appearance Would resultantly lead to exclusion of your version in the police as well as the DLSA case file, which can adversely impact you.
Advocate, New Delhi
6303 Answers
102 Consultations
Excellent! I've evidence of her two prior divorces and her Bio-Data says only one divorce. Also I've audio recording of a conversation with her second one that her marriage was for six months but Bio-Data said 45 days. Further, I've evidence through whatsapp that the relationship was not strained till Dec 8 2017, till I found extremely obscene pictures on her google photos. I sent a email to her Uncle here about this. There 50 plus pictures of me, her and her Uncle and Aunty from Oct 6 2017 - when I met her Uncle. Also, I've the evidence that she took just 2 days leave of absence from her Amity University work place. She forwarded me that that email. So these are all clear trail of actions to trap me in marriage and now abusing the system to harass me. This second guy is also saying he experienced same issues. that conversation is recorded and he said they kept on asking money from him. Follow-up question:
1) Can I file an FIR in Mumbai, Thane of a marriage fraud, and all other relevant sections (harassment), etc?
2) how can I reach you Siddharth?
I am getting tired of games played by this IO, Either he is creating fear on his own or there is some ministerial connection that is pressurizing him or DCP. I mean there is no way someone can ask ridiculous about of money for a 3 week marriage which did not even happen in India and was cancelled (annulled) and still the IO is killing time. It is a shame,
If I can i want to file an FIR in Mumbai. Get a stamp from Delhi IO of my response. Write to Delhi Legal Service Authority. and then come back here and file a harassment complaint against uncle. Also file a complaint against Saheli Boston (NGO) which threatened me for money. I've evidence that my ex demanded unnatural s*x. A whatsapp message and also argued that she wants to drink and I am not letting her drink. What a shame people.
Asked 6 years ago
Marriage fraud is breach of trust and cheating by presenting wrong facts and information to cheat and deceive in the marriage.
Further punishable as offence of cheating under 420 and breach of trust 406 and other section of extortion of moeny.
I would advise you to meet IO in person and settle him and furnish all the records before him along the reply.
To find LOC is issued or not some local advocate having relation with the Senior official can only help. As it has to be found out if lOC is there who authorised it,
Advocate, Ahmedabad
25514 Answers
179 Consultations
You can file a zero FIR in the Mumbai against the girl and family so there is no jurisdictional dispute the police shall send the FIR to appropriate police station.
Further all these evidences your wife lies about her divorce and concealment of facts and ways of extortion through NGO and family members and government institution can be put before the committee they shall appreciate the facts and will make an view that FIR should not be registered.
Further in view if IO has to something three weeks has elapsed he could have registered FIR since no case is made out he is just threatening to get some amount for himself in settlement.
Advocate, Ahmedabad
25514 Answers
179 Consultations
1) you ca file Police complaint of extortion under section 384 of IPC against accused
2) FIR can be filed in Mumbai , thane if cause of cation has arisen in Mumbai , Thane
3) if cause of action has arisen in Delhi file complaint in Delhi only
Advocate, Mumbai
94695 Answers
7528 Consultations
1. You can can file a case in Mumbai if any cause of action arose in Mumbai. The ideal place to file FIR is the police station in which jurisdiction the incident or the cause of action has occurred.
Then again, there is a concept of “Zero-FIR”. It means that a FIR can be filed in any police station (i.e.: irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate Police Station.
2. You can reach me through consultation call via kaanoon. Com
Advocate, New Delhi
6303 Answers
102 Consultations
What is this marriage fraud and how can they establish that - is there any section under law?
Fraudulent marriage is a civil matter however she can lodge a criminal complaint on this with the help of the corrupted police officials.
- Is it advisable for me to visit Delhi and meet the IO and the Legal Service Authority to explain and submit my response? will it help or will it be taken other way for more exploitation?
This would be a wrong move.
They would fix you up in India itself by instructing you to deposit your passport
- Is there a way to find out if a Look Out Circular is issued ?
Until you engage the services of an advocate you may not be able to get the desired information properly.
Advocate, Vellore
84896 Answers
2190 Consultations
1) Can I file an FIR in Mumbai, Thane of a marriage fraud, and all other relevant sections (harassment), etc?
If that is your place of residence you may lodge the complaint.
Advocate, Vellore
84896 Answers
2190 Consultations
1. It is not a bad idea to lodge a police com,plaint against your ex-wife and her relatives for cheating you in to marriage and then trying to extort money from you. Duration of her marriages can be found from her marriage certificate and divorce decree and not from the chat record or voice record of her ex-husband.
2. You can find the phone no. of any of the Advocates of this portal by booking for a telephonic consultation.
Advocate, Kolkata
27219 Answers
726 Consultations