• What steps to take in India before filing a divorce in USA?

My marriage happened in India. She came on a dependent visa to USA. We are both US residents now and have a 4 years son.
Our relationship has not been good since marriage. I told her that we should get divorced. Before anything could happen she filed a domestic violence complaint to police in USA which was rejected by the district attorney and no case was registered in USA court and charges were dismissed. While this complaint investigation was in progress in USA, she also filed divorce in USA. She later said she does not want divorce and it was mutually canceled. This happened an year ago.
She has a narcissistic sociopath behavior.
I want to file a divorce now although she does not want but because of her behavior it is difficult for me to continue this marriage. I have no property on my name is India.
1. What are the steps that I should take in India to be prepared to fight a probable 498a complaint?
 2. I know she will contest the divorce in USA to get money and then will also try to get as much she can in India. What are my options?
3. Can false DV complaint and dismissal in USA help in quashing 498a charges in India?
Asked 4 months ago in Family Law
Religion: Sikh

3 answers received in 10 minutes.

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41 Answers

1) obtain in writing from your wife that no demands for dowry were made before or at time of marriage or after marriage 

 

2) I presume there has been no fund transfer from wife or her parents account to your bank account 

 

3) if any funds transfer done then return the said money to her account 

 

4) all her jewellery should be in bank locker in wife name 

 

5) file for divorce in India . No fault di once obtained in USA is not valid in India 

 

6) wife filing false DV case amounts to mental cruelty and is ground for divorce in India . It’s dismissal would strengthen your case 

Ajay Sethi
Advocate, Mumbai
76978 Answers
4621 Consultations

5.0 on 5.0

Hi

1. You don't have property in your name. So nothing else to be done to contest various cases against wife.

2. You can present the papers of US cases in Indian courts to prove that she only intends to extrot money.

3. YES.

Thanks

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

If you are a resident of USA then file for divorce in a US district court. She may contest but you will get divorce. You should highlight her behaviour and on that basis she may not get a very good compensation. The decree so obtained in US is valid in India and she can't file a domestic violence and 498A case in India if she agrees to the compensation and has no issues. Her domestic violence complaint has already been dismissed in the US. That would help you.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

1. See ensure that you have complete documents from the complaint and investigation made in US, it is not conclusive though court may refer to it, further you have been not in India for years just for complaint if she is here that.may be also contended before court.

2. See you file a contested divorce on ground of cruelty in India. In case she file in US you can submit that proper jurisdiction is India though contest same in US also.

3.  Yes it may help you. In case any case is filed you may approach high court for quashing same.

Shubham Jhajharia
Advocate, Ahmedabad
25203 Answers
105 Consultations

5.0 on 5.0

1. You can obtain Anticipatory Bail to fight a probable 498a case against you.

2.  Even if divorce is obtained from US Court, it will not be treated as legal in India.

3.  To some extent it will help.

4.   Better to opt for Mutual Consent Divorce from Indian Court.

5.  Let your daughter apply for divorce in India under Hindu Marriage Act.

6.  The divorce if obtained from US Court will not be recognised and not valid in India.

7.   Whenever your daughter or her spouse  visit India after US Divorce, still the authorities do not recognize the US Divorce and consider both your daughter and her husband as husband and wife only. Problem with respect to any change of name after divorce mentioned in the passports may land you in trouble.

8.  It's advised to obtain divorce from Indian Court and then remarry, after the appeal period is over. If your daughter remarries after US Divorce, in India it will not be recognised.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
2915 Answers
167 Consultations

5.0 on 5.0

1. No steps are required to be taken before she files any complaint to the police against you and your family members as such. Do have an option of filing non cognizable report against her to the police stating that she is threatening to file false cases against you in India and the same can be used later on. Also, you can obtain anticipatory bail for you and your family members if you are a player and in that she would file case against you but that is completely optional and I would not advise it at this stage.

2. Do not need to succumb to her threatening tactics. If she contests the divorce case in United States of America, then it would be enforceable in India as well as contested divorce decree are legally binding in India. After that she cannot file a divorce case in India.

3. Absolutely. Get the certified copies of the same.

Siddharth Jain
Advocate, New Delhi
5534 Answers
64 Consultations

5.0 on 5.0

Dear Sir,

It is suggested that the judgment and decree passed by the foreign court is fully valid and acceptable in Indian Courts and hence you are suggested to start divorce proceedings in USA and have the certified copy of the same in sufficient numbers. It is possible that in divorce case in USA all the issues of alimony, child custody etc. will be decided and then her cases of DV or others will not be tenable in India.  

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

Both are US citizens, why dont you obtain divorce in US ? US courts are liberal in granting divorce.

And no deep impact on you if false case file in India. Only if you are willing to come India, than have to face Indian judiciary.

Not of much help.

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

1. No precautionary can be taken at this stage. 
2. in India, nothing can be done by you in anticipation. 
3. yes it will help you in the same. 

regards

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

if the marriage was solemnised in India under Indian traditions under the Hindu Marraige Act, then divorce has to be applied in India and US Court will not have the jurisdiction to grant divorce

the fact that her domestic violence complaint filed in the USA was dismissed can be used by you in case she files any similar complaint in India to arm twist you

on divorce you are not bound to give her any property. Only her maintenance aspect has to be taken care of, provided she can maintain herself, in which case even maintenance will be disallowed

Yusuf Rampurawala
Advocate, Mumbai
5348 Answers
34 Consultations

5.0 on 5.0

She cannot claim any share in your father's or any of your family members property as per law.

as a precautionary measure you can apply for anticipatory bail as well as file NCR as advised above for your family members in India

 

Siddharth Jain
Advocate, New Delhi
5534 Answers
64 Consultations

5.0 on 5.0

Hi

Then you can ask your family to disown you (just in documents only)

So that they are not indulged unnecessarily in anything. 

 

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

She cannot lodge cases on your parents or siblings if they haven't lived with her under the same roof. She has no share in her in laws' property. Also once you get the divorce it should be stated specifically if it is a no fault divorce that she will not institute any cases on you or your family.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

Dear sir,

When you file the divorce case there in USA, let your father or mother file an informatory application to police that they are getting threats of false cases and if any complaint is filed, they should be given adequate time to defend themselves and put their version before any action on them. 

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

She is responding with you in US from 4 years. Even if they implicated in false cases. Can approch high court. HC may quash the complaint agaisn them.

DIL has no right in FIL property.

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

In event wife files. False dowry harassment case your parents , brother apply for and obtain anticipatory bail from sessions court 

 

2) they can file petition in HC for quashing false case filed against them 

Ajay Sethi
Advocate, Mumbai
76978 Answers
4621 Consultations

5.0 on 5.0

1. The Hon'ble Supreme Court of India has given certain guidelines to prevent automatic arrest of the husband and in-laws of the woman who files Domestic Violence and 498a. cases against them.

2.  Police may call the woman's husband and his relatives for enquiry to find out the truthfulness of the complaint and if at all there is evidence, then the Police, not below the rank of SP, has to record the reasons in writing before arresting.

3. If it's proved in Court that it was a false accusation, then that can be used as a ground to opt for contested divorce.

4.  Still if you anticipate trouble to your parents and siblings, let them obtain Anticipatory Bail.

Shashidhar S. Sastry
Advocate, Bangalore
2915 Answers
167 Consultations

5.0 on 5.0

If she files a case in future then it will be easy for your parents to get the FIR quashed. 
As advised earlier as per Indian law nothing can be done in anticipation. 

Regards

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

See she has not stayed with them.for a day in last year's they cannot be implicated. See you can stay away from them from while this is settled. Also they can take steps and refrain from contacting her.

Shubham Jhajharia
Advocate, Ahmedabad
25203 Answers
105 Consultations

5.0 on 5.0

You can't stop or avoid false cases from the wife. It can be contested only once they are filed. Just keep the divorce decree of foreign country with you you may need if she files any false cases

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

Dear Sir,

File a divorce petition in the place where you currently reside (provided you are eligible to file a petition based on the local laws). Get anticipatory bail or bail depending on the current situation for your parents in India. After you obtain your divorce get it legalized in India. If your false 498a case does not get quashed easily file counter cases against her for forgery and defamation etc to make your case stronger and for a possible quick settlement.

 

Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.

 

 

Firstly, If she is staying with you, we would advice you to make call recordings or video recording of her making such threats.

Secondly, if she left your home then your make a written statement to the local police station stating that she left your house. If the case has already been filed we suggest you to hire a competent advocate to defend you in the court.

You also may want to prepare to file an anticipatory bail for yourself and your family if some criminal complaint like under Section 498a has been filed / is about to be filed against you and your family.

Regarding your parents: Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail. 

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
26 Consultations

4.8 on 5.0

You both are living in usa so there is no point in worrying for india. There will be no problem in india. So concentrate in usa issues. Handle with care. Divorce is a mind game. Good luck. 

Gopender
Advocate, New Delhi
168 Answers

4.9 on 5.0

- Before reply you should know that : 

- Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- If the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

-  If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Furtner, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.Ex-parte means , One party divorce. 

- However , if either of you , will file a case in India , and after the service of summon of the court , if opposite party fails to appear before the court , then the petitioner will get ex-parte decree in his favour , and this decree is very much valid for all purposes. 

1. If a case under 498a filed by her , then the persons against whom she will file the case , will have to take bail order from the court. Even you are not living in India. 

- If she never resides with your family members in India, then her case will not maintainable in India and also DV case as well.  

- Yes, the dismissal cases will help for the quashing of 498a charges in India. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

CONSIDER THIS:
1. Depending on the clauses /conditions of the earlier Mutual Agreement /Document filed in USA court, you are advised to proceed to file Divorce Proceedings in USA, without any further reference, whatsoever, to the laws in India.

2. IF Wife is staying in USA since last Four years, THEN legally the Indian Courts will not be able to consider any type of complaint against you or your parents, by Wife, more so since there is a one year period to file such complaints in India, whereas you/wife are in US since 4 years.

3. Wife may claim Alimony /Maintenance according to US laws, BUT Wife will not be able to claim ANY property of your Parents /Relatives, whether in US or India.

Hemant Agarwal
Advocate, Mumbai
4973 Answers
24 Consultations

5.0 on 5.0

- You can file a divorce petition in India with any of your family members to be the power of attorney on your behalf. 

- You shall have to be prepared that another DV and Maintenance matter shall be instigated against you, however it shall not carry for long.

- In India, you will not be able to get the son guardianship immediately. 

- For the rest of input, it is better to share the facts of the matter so that the actual guidelines can be shared accordingly. 

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
699 Answers
4 Consultations

5.0 on 5.0

1. You get the copies of the DV case she filed in US which was rejected by district attorney.

You can also collect the medical certificate or evidence for her narcissist sociopath behavior.

You also secure the certified copies of the relevant  papers of the divorce case she filed and withdrew later on.

Since you both were living in US all through till this date, you can gather all relevant documentary evidences including the photographs of happy moments  of your married  life at US.

Besides the above you may challenge the 498a (provided she lodges a criminal complaint agaisnt you in retaliation in India for your divorce case in US), on merits and other documentary evidences in your support.

 

2.  It is always better that you allow her to participate in the contested divorce case you propose to file in US, so that the divorce granted by a US court would be recognised to be a legally valid divorce in India as per Indian laws, because the exparte divorce granted in US, i.e., without her participation is not legally valid in India.. 

 

3. It depends on how strongly your advocate presents his arguments to convince the court about your innocence.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

If she decides to take revenge on you her first target will be your parents and other close relatives in India.

She may implicate everyone in the false dowry harassment complaint.

The police will not listen to whatever you may plead before them.

The police will simply ask you to tell everything before court and they will register FIR, submit the charge sheet and forget the case.

So it will become your duty to defend your interests on the basis of the documentary evidences and merits in your side with the help ,of a skilled and experienced lawyer.

In the event of any complaint given by her with the police in India agaisnt your parents and others, you first ask them to obtain anticipatory bail and then challenge her false case in the trial proceedings or try for quashing the same before high court. 

In the meantime you may gather all the evidences to support your pleadings before concern court

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1.What are the steps that I should take in India to be prepared to fight a probable 498a complaint?

Ans: It is given at the end of these answers.

2.I know she will contest the divorce in USA to get money and then will also try to get as much she can in India. What are my options?

Ans: The divorce in USA is not maintenable if you did not surrender before US courts. Ex parte divorce decrees not acceptable and honoured by Indian Courts. Only if both the spouse attend and surrender then only such decree is acceptable. The marriage laws of India are unknown to US laws. As such your propos to bring a divorce case in India is appropriate.

3.Can false DV complaint and dismissal in USA help in quashing 498a charges in India?

Ans: Defenately.

4.I do not plan to go to India any time soon. My concern is that my father, brother and his family live in India. My father has his property in India. I do not want them to be in any trouble when she files false cases in India. We have not travelled to India in last 4 years. There was never any transaction of money from my in-laws or wife’s account to me. I do have proof that she sent money from USA to her parents. How to ensure my family in India does not get into trouble?

Ans: If there is any threat of filing 498A false case then your siblings and parents can get anticipatory bail even before filing of FIR. Further you may try to file divorce in India through POA and assuring the court to go for video conference at the time of evidence which is acceptable by Indian Courts.

=========================================================

It has however been seen that Indian laws have several loopholes that need to be identified. Below is a list of legal remedies that one can use for protection against section 498a IPC if a woman decides to misuse the law and threatens to register a false case against you for personal gains.

  • Collect all Evidence & Documents: The first step in proving a false accusation would be to gather all substantial material elaborating well on the 498a case details. You must start collecting as much evidence as possible, which includes: 
    • Any conversation between you or your family member with your wife or her relatives like any SMS, emails, letters, call recordings, etc. 
    • Any evidence that proves that your wife moved willingly out of your house.
    • Any evidence that shows no demands for dowry were made before or after the wedding

  • Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members. You can file for anticipatory bail for protection against section 498a IPC case under Section 438 of CrPC[1].
  • Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife.
  • File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife. Get your complaint drafted by a good criminal lawyer so that the police cannot reject it on any grounds. If the police refuse to register your FIR, you can file a written complaint against the police officer, with the Superintendent of that police station.
  • File a defamation case against false 498A case: You can also file a defamation case against your wife for maligning your image by filing a false 498A case against you. 

While fighting the 498a case, the duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case.

Kishan Dutt Kalaskar
Advocate, Bangalore
5522 Answers
193 Consultations

4.8 on 5.0

 

The maintenance amount, custody of children, right of wife etc. have much difference in Indian law and US law. Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system. Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce.

 

If your wife has accepted the authority of US court, it cannot be open to her to later question the authority of the US court in India. Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India.

 

Lot of peoples misuses the sec. 498A. So the courts will not consider this case in hasty manner. It is your wife’s duty to prove Cruelty for win her 498A petition. It is to be established that the woman has been subjected to cruelty continuously/persistently or at least in close proximity of time of lodging the complaint. Petty quarrels cannot be termed as ‘cruelty’ to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty.

 

In Smt. Raj Rani v. State (Delhi Administration); AIR 2000 SC 3559, Supreme Court held that while considering the case of cruelty in the context to the provisions of Section 498A I.P.C., the court must examine that allegations/accusations must be of a very grave nature and should be proved beyond reasonable doubt.

Ajay N S
Advocate, Ernakulam
3478 Answers
69 Consultations

5.0 on 5.0

your arrest you can file a case for quashing of the FIR in the High Court and get the arrest stay thereafter you will have to cooperate in the investigation and will have to present your evidences.

enclose certified copy of USA court divorce filed by your wife and file divorce on the ground of mental creulty. 

it may be help. 

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

If you think your wife may file an FIR under Section 498A and DV, hire a criminal defence lawyer and get an anticipatory bail to prevent yourself or your family member's arrest. 

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

1. No need to take any steps in India for expected case by your wife under section 498A

2. She will get alimony at one place only whether she claim alimony in US or in India. 

3. Yes it will definitely help you in quashing if she lodge FIR in India. 

4. As you are not living with your parents and siblings they will not be dragged in the case but ask them to make no contacts with family of giril till divorce is finalized and if they contact them every conversation should be recorded to find some defence from them. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

1. What are the steps that I should take in India to be prepared to fight a probable 498a complaint?
engage a prudent counsel,
keep a certified copy of DV dismissal in USA

2. I know she will contest the divorce in USA to get money and then will also try to get as much she can in India. What are my options?

you can contest the case and alternatively file any cases in India
section 9
divorce


3. Can false DV complaint and dismissal in USA help in quashing 498a charges in India?
yes but not much

Suneel Moudgil
Advocate, Haryana
2166 Answers
3 Consultations

4.7 on 5.0

it may be hard but try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

Suneel Moudgil
Advocate, Haryana
2166 Answers
3 Consultations

4.7 on 5.0

1. You are free to file divorce petition. She is also equally free to file 498A.

2. You cannot stop her from filing 498A or any other case in India.

3. If and when 498A is filed then either apply for anticipatory bail or file a petition for quashing of FIR in the High Court. This is the only way to ensure that your parents in India do not get into 'trouble'.

4. Dismissal of DV case in US will have no impact on 498A in India.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

You can go for Mutual Consent Divorce in the USA and produce same in the India whenever you come or your wife file any false complaint against you. In the MoU of Mutual Consent Divorce you can mention all terms and conditions of your wish.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

Collate the records of DVC & Divorce proceedings at USA to support you if she files false DVC, 498A and other cases in India. 

As a matter of fact, the same shall not stand test of law, since she has to file the DVC within one year from the alleged incident.

1) Be alert.  Inform your family members, father and brothers to obtain bail immediately upon coming to know about filing of false 498-A (if they are added in the case)

2) If she files for divorce in USA use the records of DVC & earlier divorce case filed and withdrawn by her to support / oppose her case.  If it is obtained by playing fraud it is not valid in India.

3) You can take leverage from them to establish her vindictive character.

You can use the proofs of money sent by her to India to support your case.  

Preferably you file divorce in India under Mental Cruelty based on above activities done by her i.e., filing and withdrawing of DVC & Divorce case at USA i.e., her motive and vindictive nature to be establish.

It depends how best you use the material available with you to suit / support your case and defeat her claims.

In case if she files false DVC & 498-A cases against you and your father & brother and any other member, immediately you have to file application to Quash the said FIR.

 

S Srinivasa Prasad
Advocate, Hyderabad
2504 Answers
8 Consultations

5.0 on 5.0

1. If you file divorce suit in USA, you might have to part with 50% share of the property you have acquired there after marriage. In India, wife will have no claim on the property of her husband during his life time. She can claim maintenance only from her husband.So, it might be prudent on your part to file the divorce suit in India since you had married in India as per Indian law. before filing the divorce suit in India (or USA) you should write a letter to the local police station in India under copy to the concerned DC/SP alleging that your wife is threatening to lodge false police complaint u/s498A of IPC if you file a divorce suit in USA or India.

 

2.  She can get share of your properties in USA as per the law of USA  for which you have been suggested above to file the divorce suit in India. Even if you get decree of divorce in USA as per USA lw, the same will not be valid in India (unless the decree of divorce has been obtained with mutual consent).

 

3. Yes, it will certainly be an evidence to prove that she has the habit to lodge/file false complaint/case to harass you.

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

1. She can lodge/file any false complaint/case against you and/or your family which you can not stop.

 

2. However, under the given circumstances, her case will hardly have any chance to stand the scrutiny of law. Your only problem is that you shall have to contest her such cases filed by her.

 

3. You can also lodge/file a complaint/case against her for lodging/filing false complaint/case against you u/s211 of IPC for causing damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

Dear Querist

You may file a divorce case in India before the family court under section 13(1)(ia) of Hindu Marriage Act-1955,  if both of you are Hindu/Sikh and the marriage was solemnized as per the Anand Karaj or as per Hindu Law.

 

there are chances that she may file any dowry demand case against you and other family members so it will be better for you to file the divorce case immediately through your power of attorney Holder as you are not willing to return to India soon.

 

after filing your divorce case if she will file any case against you or other family members then this divorce case will help you and her case can be considered as a counterblast case.

 

you may also file information cum complaint against her before the police authority regarding your apprehension that she may file the false criminal case against you.

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
5740 Answers
268 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you both have been residing there since long.
  2. I would like to apprise you that as you got married in India, if you wish to file the divorce in USA and want that she doesn’t get any further case if the same in India to grab money, you need to see for the grounds on which you are seeking divorce.
  3. The ground must be the ground for divorce in India aid as per law of the land and you both should be residing there only, USA, at the time of filing the divorce petition.

Sanjay Baniwal
Advocate, South Delhi
5333 Answers
13 Consultations

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