• Made a complaint in NRI police station

Hello sir,
I got married in may 2018 in india according to hindu marriage act. Then we move to australia . less than a year we got separate . Because of DV incidents.I have some photographs and medical History for depression .Just today i got divorce in australia. My parents are living with me On tourist visa-because of there harrasment . They made complaint against me and my parents in NRI police station.. I want to get divorce so my parents can live peacefully in India. Wht is best options . She is in australia as well.Which way they can file criminal case against me . How can i protect myself and parents
Thanks
Asked 1 month ago in Family Law
Religion: Hindu

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17 Answers

Apply for anticipatory bail in India. To enforce divorce decree in india, have to file execution petition in India.

She can file complaint of domestic violence and dowry demand.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

You can validate your divorce in indian court which you got from Australia. Or else you can file fresh contested or Mutual consent divorce in India.If any false cases are filed against you or parents you can seek anticipatory bail and then contest them in indian court

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

If she is in Australia right now and involve Australian law then a lawyer conversant with Australian law alone can help you. 

If she files case on India then further advice on getting bail and defending trial can be advised. 

Check whether in Australia a divorced wife can file such case.

In India a wife after divorce is debarred to file case under 498a IPC case. 

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Did your wife participate in divorce proceedings? 

what are grounds for divorce kindly clarify 

 

wife can file false DV case / dowry harassment case against you in India 


You have to apply for and obtain Anticipatory bail from sessions court In case FIR is filed against you 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You have mentioned that you have already got divorce in Australia, if she is aware of it then she cannot give any criminal complaint against you in India now.

However if she is still giving a complaint, first obtain anticipatory bail and then challenge her false case with the support of documentary evidences in your support including the divorce that you have got from Australia.

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Dear Client,

You may file Divorce Petition in the country you lice on the basis of cruelty.

Jaswant Singh
Advocate, Gurugram
891 Answers
2 Consultations

4.8 on 5.0

- What type of divorce you got from the Australian Court , Mutual divorce or contested 

- As per law, if you got mutual divorce or contested divorce from the abroad court , then it is admissible and valid in India . 

- If no , then you can file a divorce petition in India on the ground of cruelty etc in India. 

- Further , being a woman your mother can also file a DV case against her daughter in law for harassment. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

Since you have already got a divorce in India, get the same validated in a declaratory suit before family court. Your divorce will be easily affirmed by the Indian Family Court, as long as they Australian divorce isn’t ex Parte

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

1. There's ambiguity in your narration. In the first paragraph you say that " Just today I got divorce in Australia" and in the last paragraph you say that " I want to get divorce so my parents..   in India". 

2.  Assuming that you have not yet obtained divorce, then convince your wife to agree for Mutual Consent Divorce which saves time and money. By opting for MCD, you can ask her to withdraw all cases foisted against you and your family.

3.  If she has filed DV / 498A, obtain Anticipatory Bail for you and your parents.

Shashidhar S. Sastry
Advocate, Bangalore
3251 Answers
180 Consultations

5.0 on 5.0

By producing the copy of Divorce obtained by you, contest the complaint filed by them.

If the divorce obtained by you is contested one and it is passed by competent court it is valid for all practical purposes, and that, since you are legally separated from her, your parents can live peacefully once you come out of the complaint lodged by them.

In order to get the false complaint closed / disposed off, produce all the relevant proofs / documents etc., to the concerned police and get it closed on merits

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

You can go with mutual consent divorce in Australia. Because in Indian court foreign court divorce order is not valid. So in your MCD you can prepare terms and conditions according to your wish.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

1. You have mentioned that 'Just today I have gotv divorce in Australia'.

 

2. Your shall now have to file a Divorce suit in India also since the decree of divorce passed by te Australian court will not be considered as valid in India.

 

3. Send a letter tom the NRI police station informing that you have already got the decree of divorce in Australian and the said complaint lodged by your wife is false and fabricated which is required to be ignored.

Krishna Kishore Ganguly
Advocate, Kolkata
24902 Answers
707 Consultations

5.0 on 5.0

The divorce decree has been passed by the Australian court. She must have participated in it. The divorce is complete. Now she can only file false cases against you in Australia for past incidents. I don't think the courts there would entertain false and frivolous cases without any evidence.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

You can ask your ex spouse to withdraw the complaint against your parents and help you to get the FIR quashed. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1. what type of divorce you got? pls specify, it seems to be an ex parte divorce, if it is so it has no value in the eyes of law in India,

2. since she had filed a police complaint against you, therefore, in the present circumstances, 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 a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,

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.

 

if MCD fails, you can file a  #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,

 

Suneel Moudgil
Advocate, Panipat
2336 Answers
3 Consultations

4.7 on 5.0

In first para you said you got divorced in Australia today. Than you are saying that you want to get divorced. 

So plz be clear that what is your marriage status now. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

File declaratory suit to validate foreign divorce decree in india. 

She can File Domestic violence and 498A cases against you in india. you can apply for AB . 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

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