• Marriage in U.S. and cancelled in the U.S. Is there any legal hassle in India if my ex tries?

I've posted this question last year as well. Since the matter is not yet closed, I want to share with you the status and ask you for your expert and experienced views on this. 

Background : I married in USA in Nov 2017 and I got my ex-party "Annulment" from USA in April 2018. Marriage was not registered in Indian Consulate here in USA, nor was marriage registered in India. So none of the Indian Marriage Act applies. 
Girl and her father filed a false compliant with CAW Cell Delhi against me on March 2018. I responded to that complaint with several evidence that I was cheated into this marriage scam. CAW Cell Officer asked my parents to come there from Mumbai for possible settlement. My parents visited Delhi 3 times in May 2018 but nothing came out of it. 

Current Status : The CAW Cell has neither moved the file up by creating an FIR nor have they closed this compliant by writing a closure report. Last I spoke to this CAW Cell Officer was in October 2018 and he checked with me on the numbers for settlement. I remained firm with what I offered in May 2018. 

Question: 
(1) Girl's father is very unethical person. He is trying to find a way to trap me and I was told by New York Consulate to not visit India. So I've not come to India since Sep 2017. What do you think he might be waiting for? Is there a harm to me in waiting? There is nothing I can do as I've not received any FIR at my home address in Mumbai. 
(2) CAW Cell officer wants to close it so he can get the "consulting fees". you know what I mean.
(3) Girl's father wants this to me moved up to FIR level so he can try to get more money. 

I have tons of evidence that I was cheated into this fraud. I can fight this out if there is an FIR but getting an honest and clean attorney is like winning a lottery ticket - lets me honest - this is the reality everywhere including USA. 

What do you think the wait is for? Is CAW Cell Office trying to tire girl's father so he will come to terms or is the girl's father trying to get a closure report so he can go to the lower court to get FIR opened through 156(3). your thoughts on why is there so much silence? Are they testing my patience through this? Is it unclear what's going on in their mind.
Asked 7 years ago in Family Law
Religion: Hindu

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14 Answers

1. There is no harm if you do not come to India. Might be a case that he lodges the complaint once you come to India, but any new case now will be a week case.

2. yes, I do understand the thing and situation you are in right now. 

3. If it has not been moved till date then the same must be a bogus case. In case the FIR is filed you may move to the HC also for getting the FIR quashed. 

 

Silence is probably there so that you take some step and initiate the talk. 

You may try and file an RTI and get the status of investigation from the CAW cell. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

 if the FIR is registered against u then the best possible remedy is to approach the High Court under S.482 Cr.P.C for quashing the FIR..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can visit India after anticipatory bail has been granted to you by sessions or High Court. Petition for grant of anticipatory bail under section 438 of the code of criminal procedure can be filed even if FIR is not registered and the matter is pending before the CAW Cell.

The reason why your case has it been initiated because this is India, everything takes time her.

As both the parties have not paid the police anything, they would not do anything until and unless they get any court orders.

It is very difficult to comment as to why the girl's side are not taking any steps for registration of FIR. It's advisable that you take necessary steps so as to prevent registration of any FIR as if the case goes to trial, it is going to waste a number of yours of your life.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

CAW cell is not the authority to decide about this.

In fact as per latest supreme court ruling the CAW cell or police cannot do any mediation .

They have to initiate proper legal action on the complaint as envisaged in law.

In fact you should not worry about the closure report by CAW. 

Let them do whatever they want to.

Don't give in to any pressure cause they will take advantage and pounce on you.

Just ignore all your worries about this and you can even steal a secret visit to India and back but on a different entry to avoid being identified.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

CAW officer is hoping that matter would be resolved by settlement arrived at between parties 

 

2) if no settlement is possible then FIR would be lodged against you 

 

3) in event no FIR is filed girl would file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report 

 

4) you are at liberty to come down to India for a visit as there is no FIR against you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You should wait for while they have to put closer in complaint if nothing is found against you in the complaint. He is just trying to make money .

2.see if so long FIR is not registered and there is no evidence there are less chances that FIR shall be registered though in collusion with police they can lodge FIR but same can be contested and quashed from.high court.

Sir in my view it is just there inability that they are not able to succeed in anything even if they go to court under 156(3) they have to give some evidence which they don't have.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. There is not much you can do at this stage. just wait and watch though I do not find anything harmful to visit India provided you keep your travel close to your chest.

2. You follow up with the CAW once in a while to close the complaint. 

3. However the delay in registering the FIR is actually causing benefit to you. 

4. there is not much to get scared of as even if FIR is registered you can get bail easily.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. The applicability of Hindu Marriage Act or Special Marriage Act is not contingent on the registration before Indian Consulate, rather it does not require registration at all before any authority.

2. Be that as it may, you are free to go to India if the FIR is not registered. Even if the FIR is got registered on your arrival in India you cannot be arrested unless the notice under 41A Cr.P.C is served on you, which shall give you ample time to apply for anticipatory bail.

3. Possibly 156(3) may be on the cards now.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Querist

No need to worry, if you are not interested to visit India then it is your choice, otherwise there is no harm, they can to you, as there is no FIR yet, so there is no power to arrest you by the police.

the Marriage was solemnized in USA, whether it was solemnized as per Hindu rites and rituals, if yes, than your annulment decree passed by USA Court will not be Valid in India as per section 13 of CPC:- read as below:-

13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) where it has not been pronounced by a Court of competent jurisdiction; 
(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India. 

 

 

as regarding the criminal Case or CAW Cell proceedings, if you got the copy of the complaint than file your written reply before CAW Cell along with all your documents, in case of registration of FIR, the written reply and documents will helpful for you and you may get discharge from the court based on your evidence.

 

no need to pay any money for closing the case by CAW Cell or Police as they have another option to registered the case under section 156(3) of Cr.P.C. as you know very well.

 

Feel Free to Call

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Let them file FIR it can be quashed as the jurisdiction is not there. None of incidents are happened in India. You can also seek ABA for your family someone is in India. So till they don't file any concrete case you can relax.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. As per the information mentioned in the present query, makes it clear that all the complaints against you by the girl side are still at investigation stage.
  2. See, you ca even directly/ rightly suggested to not to move India as there is no FIR against you till now.
  3. If they happen to get the FIR registered, then you should contest it or even request for bail, but now, as per my advice you should wait for some more time.
  4. And just by making compliant, no one can be called as culprit, it is only after being proved in court. So, you should not be worry about anything much at least for now.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You are a hindu and your wife was also a hindu. She is a citizen of India. I am assuming that you too are a citizen of India. Therefore hindu marriage act is very much applicable upon you. Even if you have taken an exparte divorce then too if she has not consented then the divorce decree is not valid and enforceable in India.

They must be planning to file a domestic violence case or any criminal case against you in India.

If you have been scammed then it is a ground for annulment of marriage.

They are just waiting for you to commit some mistake. They will surely file a case against you so that you are compelled to come to India.

Regards 

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

In your query you have not mentioned the citizenship of two girl and if she is Indian citizen this marriage law is applicable and 156 3 can be invoked in this case this could be an strategy in this case that he will he will move to the court after closure of C A W complaint

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. The marriage was solemnised in the USA as p[er the Act of USA and has also been annuled by the USA Court as per USA law. No FIR against you has yet been registered based on your ex-wife's complaint though little shy of one year is being passed from the date of her complaint. There has been no complaint lodged by her before the USA police. It will be difficult  for the Indian police to register FIR against you based on her complaint. It may not be a fact that her father is waiting for something. It may be that he has no ground based on which he can implicate you. You can visit India and in case a FIR is registered against you based on the complaint lodged by your ex-wife, you shall have to avail anticipatory bail and then contest the case fittingly.

 

2. Negotiate with the CAW officer and pay the so called  'consultation fee' after the matter is closed officially  by the police. Act as a Roman in Rome.

 

3. Once the matter is closed by the police after conducting investigation based on her complaint, she will not be able to lodge any further fresh complaint alleging dowry harassment since you two  do not stay together any further.

 

4.  I agree with your assesment made about the Advocates in general all over the world.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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