• Domestic violence case

1- I was married with the respondent (kaur ) on 18th of March 2012 at  Punjab according to Sikh rites and ceremonies without any dowry in the presence of friends, relatives and family members of both the parties.

2- After the marriage  she left to Bangalore as she is employed there.

 I have to leave for Canada.

5- I filed her immigration papers on 12th of October 2012. Next month in Nov 2012 her Parents including her elder sister,Brother in law (Jija), younger brother and [Father's younger brother's wife (aunt) (choti Chachi)], they went all the way to  argue with my parents about sponsoring their whole family specially her younger brother . As per Canadian immigration norms it is not possible to sponsor anybody except wife but they don’t understand and adamant at their demand and threating us of dire consequences if their demand is not met.

6- We were still hopeful that things might settle down with the passage of time but all in vain. In the month of October 2013, she got scheduled for interview on 14th of Nov 2013 at Canadian high commission, New Delhi. She didn’t attend the interview and after repeated requests she agreed to reschedule it on 7th of Jan 2014.

7- In between we came to know from one of her relative’s that she is suffering from a incurable heart disease named Pulmonary Stenosis since birth and this is a Genetic disorder to her family. .

8- When we started enquiring and asking them about the heart disease, they stopped all communications with us and threatened us of dire consequences. For their own safeguard, in the month of Dec 2013 they filed a Vague Domestic Violence case and complain in NRI police station, Ludhiana for the purpose of harassment but police station close this case but DV is still going on 

So please tell us how we can fil fraud case against them becoz girl is suffering from disease and in DV how we tackle
Asked 2 years ago in Family Law from jammu, Jammu and Kashmir
Religion: Sikh
1. You may file a case of fraud and cheating against your wife and her parents. All that you need to do is engage a lawyer and instruct him to file the case in the court whereupon the court may order the appearance of your wife. 

2. Since your wife has allegedly filed a false DV case against you with the ulterior motive of putting you at harassment you have the right to apply for divorce. 

3. As regards the DV case already filed on you, you may contest it on merits or challenge it in HC.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
file a case of fraud and cheating against your wife and her parents, Since your wife has allegedly filed a false DV case against you wil have the right to apply for divorce. , regards the DV case already filed have contest it on merits
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) it appears your wife family have suppressed vital facts from you . file for divorce on grounds of mental cruelty . gather evidence of her illness . 

2) contest Dv case on merits . 

3)you can file criminal complaint of cheating under section 420 of IPc against your wife and family members
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
you can file criminal complain in court against your wife& in laws. secondly you can file case divorce. as far as DV Act is concerned you have to fight on merits
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
since marriage was solemnised in punjab and after marriage stayed together in punjab file criminal complaint under section 420 IPc against your wife and other family members in magistrate court within whose jurisdiction you are currently residing .
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
yes you can file case in bangalore if you so desire . number of lawyers on this site from bangalore . contact any of them
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
dont go in for multiplicity of legal proceedings . file for divorce in bangalore only as both you and your wife are presently staying in bangalore . if you file cases in jammu your wife will get cases transferred to bangalore by moving SC
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Criminal complaint can be filed in your home town if the offence has been committed therein.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
A litigant is not allowed to go court hunting to select the court in which the case is to be filed. What is to be seen is whether the offence took place within the jurisdiction of the concerned court. Divorce case can be filed where the marriage took place and where the couple last resided together. As regard criminal intimidation it can be filed where intimidation took place. Defamation case cannot be filed in Bangalore as defamation itself did not take place in Bangalore.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0