Wife filed false 498a and domestic violence cases almost two years ago, but I am an NRI and haven't returned to India since the filing of cases. She has contacted me a few times asking help for paper work of my daughter as she was born in US. My question is: On one hand she has filed false cases and on the hand she is asking help for our daughter. To my understanding either she should fight with her false allegations or drop false charges and ask for child support or any other help. What is the correct course of action?
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1. Ask your wife to withdraw false 498a and domestic violence cases filed against you.
2. Only after she withdraws the false cases against you and gives you solid proof of having withdrawn them, you can concede to your child's support, etc. Make this point clear to your wife.
dont respond unlessw ife agrees to with draw flase cases filed against you
then agree for divorce by mutual consent and pay wife alimony and child support
- Since , she has filed an FIR under section 498A , then you should take anticipatory bail from the session court without coming to India.
- Further, if she has filed the compliant under DV Act, then you can engage a lawyer on your behalf for pursing the case , otherwise the court may pass an ex-parte decree in your absence after accepting her allegations .
- Further, as she is asking for custody of child then you can settle the dispute with her after filing a mutual consent divorce in India , inn case she is not interested to live with you.
In the best interests of your child, both of you have to reconcile and start your lives afresh. Have heart-to-heart talks with each other and thrash out the differences. Nothing wrong in offering your apologies to your wife, if she feels you have hurt her.
Yes you can enter into consent terms for withdrawal of the false cases and then go for mutual petition for child custody
Dear client,
you still have rights over the child as you are not divorced so she can ask you for child support or anything in terms of the welfare of the child. She is not obligated to withdraw her cases if she wants help to support the child.
Thank you
Hi, It is better both of you sit together and settle the dispute amicably. Ask your wife you will co-operate for paper of work of your daughter and on the same way she can withdraw her false case filed under Section 498/A.
Since you are not reachable for the local police to prosecute the case against you, she may even lay a trap by adopting such methods.
If you respond to her request and entertain her then on that basis she may inform police or court about your whereabouts, by which the police or court may send summons to your USA address in the pending case.
You can decide about not entertaining her calls or even can ignore her or block her from all social media including phone.
Firstly, you should try to find out whether any FIR has been lodged against you or not in the said cases.
Did any police official contact you for the said case?
