• 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 4 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

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

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.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You need evidence that your statement was received by IO

Keep postal acknowledgment for your records

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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..

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

File case against uncle in USA to pressurise wife to come to a settlement in India

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

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

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

(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.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You must contest DV case on merits

2) burden of proof is upon wife to prove allegations made by her in DV case

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

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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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

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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.

Ajay Sethi
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.

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

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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.

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

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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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

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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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

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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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

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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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

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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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

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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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

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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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

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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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

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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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

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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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

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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,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

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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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

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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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

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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

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

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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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

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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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

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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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

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