Hi All, Request you all to provide me your guidance and advice. I married my wife in India and now we are in US for last 2 years. Still on a work permit and not a permanent resident of US. My wife has been abusing me verbally, mentally and physically. I initiated a discussion to let her know that I will initiate a divorce if she is willing for a mutual divorce and if she wants to contest then i can prove all the abuses through the voice and video recordings I have. She threatened that if i initiate divorce process in US she will go to India before the process is concluded in US and will file charges against me in India. She has told that she will drag me to India and ensure my career is ruined. I'm directionless at this point and have very few options now. The only defensive option is to call cops. I can call 911 and complain about her physical abuse and she will be arrested for sure. Since we are in a foreign land, I do not want to see her in a foreign jail but she is not leaving me with any other options. She may be released after few days or weeks from jail. After she is released, she will go back to India and start filing charges against me. My questions are: 1) How can I protect myself if she goes back to India and files charges against me after her release in US? 2) Will her arrest and the police report from US favor me in India in anyway? 3) Is it possible for her to file any sort of charges that will force or deport me from US? 4) On other forums I'm being advised that me and my parents could end up in jail if a case is started in India. I have not asked her for any money or things neither have I abused her physically or verbally. How can she prove any allegations against me? Thanks for your suggestion in advance!!
1) call the cops and have her arrested for physical abuse
2) file for divorce on grounds of mental cruelty
3) if wife files any false case against you her prior arrest will help you in obtaining AB in India
4) if possible obtain letter from her that no dowry demands were made before or after marriage
5) yiur parents will easily obtain AB as they have not stayed with you in USA
1. You are still amenable to the Indian law as you are a citizen of India. If she files criminal cases against you in India then first and foremost apply for an obtain anticipatory bail to preempt your arrest. Once bail is secured half the battle is already won.
2. Her arrest in US will for sure help you in your defence in India.
3. Unless there is a warrant of arrest issued by an Indian court there is no question of deportation proceedings being initiated against you.
4. The onus to prove the allegations is on her.
Hi, Don't lodge a police complaint in US, suppose based on your complaint if she go to jail and after releasing from jail surly she may lodge police Complaint against you in India and she will canvas before the Court that because of your harassment she has undergone imprisonment.
2. So it is my kind advice, ask your wife to, go back to India then file a petition for divorce on the ground of cruelty and if possible place hidden cameras in the home so that you can use the video recording as evidence in the Court.
3. Suppose, if your wife file a police complaint against you and your family members in India, as per the guidelines of the Hon'ble Supreme Court, the police will not arrest you immediately, they have to issue a notice to you so you have sufficient time to apply for anticipatory bail in the Court.
She threatened that if i initiate divorce process in US she will go to India before the process is concluded in US and will file charges against me in India. She has told that she will drag me to India and ensure my career is ruined. I'm directionless at this point and have very few options now.
This is just a threatening call given by her to terrorise you mentioning the draconian women biased laws in India. In fact these laws may appear vigorous and dangerous in the initiaal stages only but as you challenge them, the false cases will not stand before law and nothing will ruin your life or future as falsely posed by her words.
1) How can I protect myself if she goes back to India and files charges against me after her release in US?
Once you are still in US itself, the summons or notices may not reach you in US nor it can be effective if you choose to ignore such notices because they cannot travel to US to take you to Indian courts for this purpose.
2) Will her arrest and the police report from US favor me in India in anyway?
This will certainly support your defence agaisnt her false cases to depict her character as well as her retaliatory activities to avenge you, which itself shall be a defence weapon to you.
3) Is it possible for her to file any sort of charges that will force or deport me from US?
NO.
4) On other forums I'm being advised that me and my parents could end up in jail if a case is started in India. I have not asked her for any money or things neither have I abused her physically or verbally. How can she prove any allegations against me?
Some people will spread false rumours to scare you who either do not know law or the procedures being followed in such circumstances.
The only case by which the police can be behind you is under section 498a, for that also the police has to follow the procedures laid down in section 41A of cr.p.c. before making any arrest, so better be not be misguided by such words of rumour mongers.
1) & (2) If she is arrested in US then you may show it to the Indian court that as a revenge she has filed case against you in India. So ot will surely favour you. Also as eveidence you may also show the voice and video recordings of her misbehaviours.
(3) You have evidences against her to prove so dont worry.
4) Its been hyped. Not all husbands are in jail. Only if your are found guilty that you will be jailed which is not your case.
Regds,
Adv.Payal
Thanks all for your response. So far, I have not initiated any action on her here in US. Still taking time to analyze the impact/consequences and best way to handle this situation. This time my questions are about jurisdiction and sorry for so many questions. I'm from Karnataka and she is from Jharkhand. She will definitely go back to Jharkhand and file all the cases from there to harass me, my parents and my sisters. Background about Domicile: She moved to Hyderabad for her graduation, later moved to Bangalore for post-graduation and finally started working in Bangalore. I was born in Bangalore and We married in Bangalore. She was in Bangalore for about 7 years before we married and another 3 years in Bangalore after marriage and then we moved to US. I'm in US for last 3 years and she is with me but a year ago, she was in India for about 8 months. In this entire married life of 6 years, I visited her mother in Jharkhand once and stayed there for a week(about 6 years ago). None of my siblings, brother-in-law or my parents visited Jharkhand so far. My questions are: 1) Since she is living outside Jharkhand for more than 10 years now, married in Bangalore, I visited Jharkhand 5 years ago and none of my people visited Jharkhand so far, can she still file DV or 498a from Jharkhand and include all my people? 2) Read some articles about jurisdiction which says criminal cases like 498a should be filed in the jurisdiction where harassment/cruelty took place. What are the chances that police men will follow such rules seriously? 3) If FIR is filed in Jharkhand, then should I apply for AB for all of us, then attend court in Jharkhand with all my relatives until their names are removed? 4) Is there any option to remove my family members from the this issue without going to court as they have never stayed with me or visited Jharkhand? 5) Is there a way I can oppose or fight about jurisdiction in or from Bangalore without taking everyone to Jharkhand? 6) Can I go to HC in Karnataka to fight about jurisdiction and oppose while it is still under trial in Jharkhand? 7) OR Should I go to HC in Jharkhand to fight about jurisdiction and oppose while it is still under trial in Jharkhand? 7) If lower court in Jharkhand disposes this case and if I have to appeal, should I go to HC in Jharkhand itself or HC in Bangalore is also fine? 8) My wife and my parents/relatives did not call each other for last 2 years or more. How can I save my relatives from the trouble of attending court trials in Jharkhand? 9) Can I go to HC in Jharkhand to request transfer to Bangalore court while it is still under trial in Jharkhand? 10) If FIR is filed in Jharkhand, can I apply for bail in Bangalore also or only in Jharkhand? 11) My wife does not even know full names or addresses of my relatives. Is it necessary for her to mention their full name and address in the FIR or even short names will do?
even if wife temporarily staying in jharkhand DV case can be filed in Jharkhand
2) if part of cause of action has arisen in Jharkhand wife can file FIR in jharkhand
3) you have to obtain AB in jharkhand
4) your relatives have to file for quashing in HC in jharkhand
5) against order of lower court in jharkhand appeal has to be filed in jharkhand only
6) dont file any petition in karnataka
7) your relatives make application for exemption from personal appearance in court in jahrkhand
8) transfer application has to be filed in SC only for transfer of case from jharkhand to karnatka
9) bail cannot be applied for in bangalore
1. If she decides to file from Jharkhand nothing can prevent her from filing DV case at Jharkhand, but you can sit and relax because this is not a police case hence police will not be at you behind even if there is an exparte decision for not appearing in the case (this is just a tip and not a legal suggestion).
2. Are you referring to DV case or criminal complaint under section 498a, because both are different..
3. In DV case there is no FIR.
4. For DV case, you can approach high court Jharkhand for quashing the case against everyone.
5. NO
6. NO
7. Yes, high court Jharkhand is the place where you can vent out your grievances.
7. High court Jharkhand
8. You have to plan the strategies to face the trial accordingly.
9. Transfer petition can be filed before supreme court of India
10. No, only at Jharkhand
11. She has to furnish the full names and addresses of all the listed accused.