At time of filing of dowry harassment case they were married

2) wife case would be maintainable

3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt

4) you should contest false case filed by your ex wife on merits

5) if allegations made in FIR do not disclose commission of offence you can apply for quashing in HC

A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

when an ex-parte decree is passed by a Foreign Court, it would not be valid and conclusive in India. A decree would be considered ex-parte if summons are not served on the opposite party.

In case if your husband obtain expartee decree then you should file complaint u/s 494,406,420, if police refuse to register you can approach at your jurisdiction court.

The divorce allowed in the US Court is valid in India only when it is ratified by the family court in India.

He has to file a petition to ratify the divorce allowed in US as wife has already filed criminal cases against him in India

Divorce degree obtained in US has no value in India if it is ex parted .

498 a case has nothing to do with your US marriage but yes if your wife has appeared and accepted the money. Then you must go for quashing of the Indian case.

Sir if divorce is given in US and it is not mutual or contested then in that case the divorce is not valid in India so wife can also file a bigamy case.

Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. Even contested divorce on the grounds of Cruelty /Adultery / Desertion / Impotency (are grounds that Indian Law recognises, so if) the divorce is granted on these grounds – The decree is valid in India. In general, it can be said that if the partner contesting the divorce actively attends the divorce proceedings in the foreign court, the chances of his or her being able to later successfully approach Indian courts against an unfavorable judgment of the foreign court are very low. Indian courts, or for that matters courts anywhere in the world, do not wish to encourage court-shopping. The well-accepted universal principle of law can be stated as – If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court.

But 406 and 498A are filed before the Magistrate court .And it is maintainable under Indian law unless and until to disprove the allegations before the court. So the police filed the charge and the proceedings in the Magistrate court started for trial. Framing of charge is vital part in a criminal trial.The purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of accusation that the accused is called upon to meet in the course of a trial.Designated Court should give reasons for framing charges because framing of charges substantially affects the liberty of the person concerned.

Even now also you can approach High court for quashing Charge.

First things first, the U.S. divorce decree is not directly enforceable in India as the U.S. is not one of the “reciprocating” territories for the purposes of section 44A of CPC. Reciprocating territories are those countries decrees of whose superior courts can be enforced under section 44A of CPC as if they were decrees passed by an Indian district court. Section 13 of the CPC lays down as to when foreign court orders can’t be held to be conclusive—for instance, if they are passed by a court without proper jurisdiction over the matter.

Coming to your criminal case now.

All said, if there is something in the foreign decree you believe is likely to help you in the criminal case, you can present the U.S. court divorce order before the criminal court. Or you can even use it in a petition for discharge or quashing under Section 482 ( if any) to support your case.

If it is contended by the other side that the court should not place reliance on the foreign judgement as the court in the U.S. did not have jurisdiction to grant such divorce, you can counter by arguing that the wife voluntarily subjected herself to that court’s jurisdiction and gladly accepted the money awarded there. (Note: CrPC itself does not have any provision analogous to ss. 44A and 13 CPC.)

I hope you have your answer. Follow-up queries welcome in case you need any clarification!

Dear Sir

As per SC divorce cannot be given by foreign courts since marriage was made as per Indian Laws. Better get Mutual Divorce in India and quashing petition may be filed for criminal case

Hello,

If you have not contested the case in US then the same is void In India. Also he must have obtained the same on the ground mentioned in Hindu marriage act.

Since the complaint was filed at the time of subsistence of marriage therefore the court can file the charges now.

Regards