My wife and her father have put a complaint about me and she is harassing my parents ( 75years old). I have visa issues to come to India and also I am not staying with my parents for the last 12 years... What should i do ? What my parents have to do? My wife left USA without my notice for a small argument (her father booked the ticket) and she is threatening me that she will see my end in INdia. In USA she called COPS 4 times and they scolded her for that and they asked me to take DIVORCE I am in USA with 2 kids taking care of them!! Please advise!!
If she has gone ahead and filed a case then mediation process will start soon as that is the 1st step before the police acts. They may call you at the police station. As you don't live in India your parents may also be named in the complaint as that is the way wives proceed these days.
Bail application may be filed in case police registers the fir. Try to settle the matter through mediation.
File for divorce on grounds of mental cruelty
2) wife abusing husband , leaving false allegations against husband amounts to mental cruelty
3) in case false dowry harassment case is filed apply for and obtain anticipatory bail from sessions court
How can they file FIR without any proof - just based on the her alligations. How can cops force me to go to India.. if my VISA is not approved my whole life will be done - how can she control my life/my aims/my visions this is purely ego clash, he has anxiety problems but their parents are hiding that.. Can police approach to USA through Indian Embassy in USA ?
2) wife abusing husband , leaving false allegations against husband amounts to mental cruelty Kids want to stay in USA and they don't want to go India.. its been 1month they are enjoying without mother.. She doing false allegation just to hurt me and bring me to knees 3) in case false dowry harassment case is filed apply for and obtain anticipatory bail from sessions court Thanks - Can my parents put a complaint on them for harassment.. They are not even staying with me from last 12years.. to hurt me she is dragging my parents uncessorily... they are very old to do this kind of stuff
80 per ce t of 498A cases are false and end in acquittal
2) police tend to file FIR based on allegations made by wife
3) in event any false dowry harassment case is filed police would issue you notice to record your statement
4) you must cooperate with investigations failing which LOC may be issued against you
Your parents ts can file case of criminal defamation against your wife u der section 500 of IPC if false allegations are made to malign their reputation
You have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce court cannot allow you divorce. For filing complaint, she does not require videos, photographs, documentary proof etc. Her statement is sufficient for registration of FIR. So far as parents are concerned, they are safe as in Rajesh Sharma v. State of U.P. SC has issued guidelines not to harass old parents of husband under they are lining with daughter in law and there is concrete proof against them. There is extradition treaty between India and U.S. possibility of LOC is also there. I am not trying to scare you I am just telling you reality.
Dear Client,
Collect all evidence of her cruelty on you and your family. You can file a divorce suit on the ground of cruelty - cite incidents mentioned by you regarding her abusive behavior to your parents. Make a record of her threats and collect all possible proofs to substantiate your allegations in the court
Hope this clarifies your query and requirement.
Thank you.
Dear Client,
In case she files criminal complaints against you including 498A, which she may, you can contest them on merit and as such you need not be worried about them. You will have the opportunity to apply for bail and possibly even avoid arrest.
Thank You.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further , as she has left you without a valid reason , then you can lodge a complaint there and also online in India after narrating all the facts in details , and further mention that she is threatening you for implicating in false cases.
- Further , as your parents are senior citizens , then they can lodge a compliant under the provision of Senior citizen Act against her .
- Further, you mother being a woman can also file a compliant against her under the D.V. Act for harassment by the daughter-in-law.
- Further, if she is not interested to live with you, then take her consent for mutual divorce under condition of custody of child.
- Further, if she not agree ,the you can file a divorce petition in India on the ground of cruelty and other mentioned grounds.
- Your presence is not mandatory for filing divorce case in India, and it can be through POA .
You can contact me , if further suggestion needed.
The evidences of her complaint with the police in USA which were not entertained or was closed by US police should come to your rescue to the trail proceedings in the false case she filed or proposed to file in India.
However for that you may have to be present before court in India to get her allegations nullified and dismiss her false case.
If your parents are implicated in the false cases then they first have to obtain anticipatory bail and attend the case through their advocate, you can decide about obtaining anticipatory bail only after you receive notice from police
The approach by police to US Embassy or any other authority is next to possible,.
The police has to follow the procedures of law.
The police can register FIR on the basis of preliminary enquiry on the complaint before them.
It is the duty of the accused to prove that the contents of the FIR/Charge sheet are false during the trial proceedings.
Therefore you cannot ask that how the police can file a criminal cae on false complaint without any proofs.
The violent activities or cruelties between both the spouses often take place within four walls hence the police need not go into the depth of the case so soon, it is for the prosecution to prove the charges framed against the accused, if not the court may acquit the accused.
Your parents cannot file any case against her for harassment.
If they feel that this case filed by her is false and just filed for the purpose of harassing them, then they may have to challenge the same properly in the trial court and get the case dismissed.
Whatever they want to say about the case should be expressed before the trial court only and not outside the court, because it is waste of energy to keep grumbling repeatedly about false nature of case or explaining your side grievances alone.
If at all any case is filed implicating them in it, then they first obtain anticipatory bail and then challenge the same on merits.
It's better you take anticipatory bail and secure your family from arrest
Get a direction from HC to not to harass your parents. Advise yo8parents to file a complaint that her act amounts to harassment, abusing senior citizens and abetting scceleration of death.
G.RAJAGANAPATHY
High Court of Madras
