My wife and I planning for separation. We both are NRIs. Our marriage happened in the US. We live in the US. I asked for no-fault divorce. She is threatening to file false 498a in India. She is going to India and file it. Can she file false 498a in India when marriage happened in the US and we both lived in the US. We visited India once or twice a year in our marriage time. How can I protect myself with 498a and potentially DV? Second, if NRIs got married in US and lived in US, can those Indian criminal laws apply to me?
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If marriage has been solemnised in USA and not registered in india you can file for divorce in USA on grounds recognised in USA
2) wife can file 498 A case in india if part of cause of action has arisen in india
3) you will have to apply for anticipatory bail from sessions court in india
4) criminal law would be applicable in india
Two follow up questions: > wife can file 498 A case in india if part of cause of action has arisen in india I do not get it. we both live in US and how come part of cause of action arises in India. Second, I am in the process of getting my US citizenship. My Indian passport would be renounced. 498A will be applicable to US citizens?
You have visited india with your wife .wife will allege that demands for dowry were made in India .hence 498 A can be filed in India
It would be applicable to US citizen .when offence was committed you were an Indian citizen
Yes, wife can file complaint under section 498 A in India too. By taking precautions you can protect other family members and subject to content of complaint you can counter her allegations. You can join investigation through power of attorney holder. Go strategically.
Since you both were married in US as per US laws, and have not registered your marriage in India then the proposed criminal cases may not be maintainable in India
Therefore let she file it, you can challenge the same to get it quashed on the same grounds.
As you were married in US and all the reported incidents have taken place in US, in my belief there may not be any such part of cause of action taken place in India, hence her complaint in India may not be maintainable
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- However, if the marriage was solemnized as per Hindu ritual and custom in US ,then Indian laws will be applied in your case and she can file cases in India against you, and if not then not applicable.
Yea if any cause of action is happened in india in your presence then the law will be applicable
Apply for anticipatory bail.
N criminal case made out.
498A will be applicable to US citizens? - NO.
Dear Client,
Since both of you got married in the US under US laws and have not registered your marriage in India, it is likely that any proposed criminal cases in India may not be valid. If she decides to file a complaint in India, you have the option to challenge it and request its dismissal on the grounds that your marriage was conducted in the US, and all reported incidents occurred there. As a result, it is doubtful whether any part of the cause of action took place in India, making her complaint in India potentially not maintainable.
