Wife can file false dowry harassment case against you
2) in event false case is filed apply for and obtain anticipatory bail from sessions court
3) no fault divorce obtained abroad is not valid in india
I am Usa citizen married to a Indian citizen ,we got married in india and came to USA,, marriage is around one and half year old,our marriage didn’t work,she went back to India.I filed divorce in Usa after 3months. Now girl side parents are demanding huge sum of money and threatening us of making it a false criminal case from India and threatening for filing case against my parents also and making it ugly,what are their rights and what they can do
Wife can file false dowry harassment case against you
2) in event false case is filed apply for and obtain anticipatory bail from sessions court
3) no fault divorce obtained abroad is not valid in india
They are threatening of filling
- As per law , a decree of divorce granted by the foreign court is not valid if the said decree is not based on the ground of mutual divorce and if she not contested the divorce case .
- Further , as she returned to India , then she can file complaint under the provision of DV act , and also a complaint before the CWC for lodging an FIR against you can other family members.
- However , before lodging an FIR you will be given chance to clear your stand by the official of CWC.
- You can file a complaint there and also in India , after narrating that she has left you without any cause and further threatening for implicating you and family members in the false cases of dowry.
1. Collect evidence of their such threats given to you.
2. Arrange to lodge a police complaint before your police station in India by your old parents alleging that they are being threatened by your wife and her parents that false complaints will be lodged against them unless a huge sum of amount is not paid by you to your wife.
3. Your mother can also file a DV case against your wife.
4. The decree of divorce if passed by the foreign court will not be considered as valid in India.
5. It will be prudent on your part to file a divorce suit in India.
Dear client,
In order to solve this situation you need to be present in India if they make it a Criminal case and if the complain is not filled yet you can write an application which contain all details of your marriage and the threats given by your wife's family to the magistrate under whom your marriage was done or under whose jurisdiction your wife is filing case so that you can reduce case severity. You have to give her maintenance as decided by court if she is unable to maintain herself properly.
Thank You.
If you are a USA citizen, then no action can be taken by court to extradite you from USA to India for the purpose of this complaint that she threatens to lodge against you.
You can refuse to give in to the pressure of huge demand in terms of compromise divorce.
You do not have to respond to the complaint that she may lodge against you in India, however if she is implicating your parents in India, they can obtain anticipatory baiol and challenge the case properly as per law.
Let them threaten or even lodge the criminal complaint and register FIR.
The police may not be able to send summons to your USA address.
You can refuse to budge to their demands for huge ransom. and issue a legal notice warning them that you will initiate legal action against them for the charges of extortion and threats that they pose to intimidate you.
You maintain and remain cool without showing your fears, which will diffuse the tension.
They can file cases against you but as your wife lived with you and not your parents how can they file criminal charges against them? That will not work.
She may file charges against you but as you are a US citizen you should pursue the divorce case there. Send her a notice and take a decree although her consent or appearance is essential so that your decree is valid in India.
Yeah they may file cases against you as has become the norm nowadays in India. But don't give in to their demands. If you want a settlement then ask them to quote a reasonable amount.
She can file false domestic violence cases and dowry harassment cases. You need to contest the same if filed against you. Immediately file a police complaint for such threats.
If you need any further assistance, you can approach me through kaanoon or LinkedIn.
If you have not anything wrong, you need have no fear of their criminal action. The burden is on them to prove the charges.