• False domestic violence/498A

I am currently working in USA. I made a mistake of marrying an uneducated person in India under family pressure. My marriage has failed and my wife has filed fake 498/Domestic Violence case on me. I have many audio recording to prove that I am innocent. Still my lawyer tells me that the case can go on for atleast a year or more. There is no guarantee when this will end. I am scared now and don't want to be stuck in divorce case for years. I have few questions:-

1) Can I file a divorce in US since it's faster here. I know few people who got DEFAULT Divorce in US while their case was still running in India. The only concern is the alimony. My file has already demanded 2 crores in India.can she ask for alimony here too?

2) My divorce legal notice is in regional language. I don't understand that at all. My lawyer told me that in India all legal work is in regional language. I want to get an english version of it. Does court provide english copy?

3) My lawyer doesn't seem to be nice. I am thinking of changing my lawyer. Is the transition from one lawyer to another smooth? what documents I need to have in order to take my case to another lawyer. Can my existing lawyer take any revenge on me for this?

Please guide me. I am currently in a mess.
Thanks!
Asked 22 days ago in Family Law from United States
Religion: Hindu
1) you can file for divorce in USA if you so desire 

2) if your wife does not participate in divorce proceedings the decree would not be valid in India 

3) wife can seek spousal support in USA 

4) your lawyer can obtain English translation of divorce notice . Court would not provide translation 

5) you are at Liberty tochange your lawyer 

6) settle his legal fees and obtain his NOC 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) if your wife participates in divorce proceedings in USA it would make her case weaker . The divorce decree would be valid in India 

2) you can obtain second opinion of lawyer in mumbai if you so desire 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. You can certainly file a divorce suit in USA  which will be disposed off within a very short period but the said decree of divorce granted by the foreign court will not be acceptable in India unless it has been obtained on the ground acceptable by Indian Act. So, there is no point taking a divorce decree in USA when  she will legally stay as your wife as per Indian Law. moreover, as per law of some of the States of USA, wife will get 50% share of husband's property or huge amount towards alimony as decided by the Court. If you never want to return to India and do not want to marry in India again, then you can go for decree of divorce to be passed by USA Court.

2. No, Court will not provide you its English version which you shall have to arrange. there are Court approved translators whose service you can avail.

3. Your present lawyer shall have to endorse the Vakalatnama you will execute in favour of your next Advocate by giving a note 'No-Objection'. Such note will be given by your present lawyer only if all his dues are cleared. If he refuses to endorse the Vakalatnama, you can issue a separate letter to the new Advocate stating that the other one is not endorsing it even after collecting all his payments for which you are directly engaging him as your Advocate. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. No. her failing or refusing to respond to the Notice sent by USA Court will have no bearing on the cases she filed or will file in India against you. Rather in such a case you will get the decree uncontested, which will not be accepted by Indian court.

2. Since your case is running in Mumbai it is always advisable to engage a local lawyer since it will be difficult for your Pune lawyer to attend the cases filed at Mumbai on each and every dates of hearing.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Can I file a divorce in US since it's faster here. I know few people who got DEFAULT Divorce in US while their case was still running in India. The only concern is the alimony. My file has already demanded 2 crores in India.can she ask for alimony here too?
Opinion: you may file the divorce case in US but this divorce has no value in india and in india this will be not a valid divorce as per section 13 of CPC, READ BELOW:

	

 
13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) where it has not been pronounced by a Court of competent jurisdiction; 
(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India. 


2) My divorce legal notice is in regional language. I don't understand that at all. My lawyer told me that in India all legal work is in regional language. I want to get an english version of it. Does court provide english copy?
Opinion: if this notice is issued by court then you can demand a translated copy of the same in English language if you are unable to read or understand the regional language.


3) My lawyer doesn't seem to be nice. I am thinking of changing my lawyer. Is the transition from one lawyer to another smooth? what documents I need to have in order to take my case to another lawyer. Can my existing lawyer take any revenge on me for this?
Opinion: get noc from your previous lawyer and engaged another lawyer will not take any avange from you, he or she is a professional.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. )I know 2 cases where wife didn't reply to a notice from US case while the domestic violence/4981/divorce case was running in India. Logically she could have asked for alimony in US too , that will only make her rich. Since she didn't reply , I wanted to know if replying to US notice can make her case weaker in India?
Opinion: no need to file divorce case in USA, as she already file divorce in India so wait and watch either fight the case or get ex party order for divorce.
Alimony can be decided by court after considering all the facts and circumstances if the case.


2) My family lives in Pune. My case in running in Mumbai. I am thinking of consulting a lawyer in Mumbai since there are better options. Is it recommended to hire a lawyer in different city since it would be difficult to meet the lawyer in person.
Opinion: you can contact Mr. Ajay Sethi ADV.
He is from Mumbai.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. Your lawyer is right as regardless of the merits of the case the process may take a year or even more than to culminate. The decree of divorce granted by the US court can be held as not binding on your wife in India by the Indian courts if she challenges it, as a corollary to which you will be entangled in another round of litigation which will take you back to square one. So better file it in India.

2. With the exception of states like Punjab, Delhi, etc where English is the work language the legal work is mostly in regional language in other states. So you will have to apply for official translation of the papers.

3. You are free to change your lawyer at any stage of the case. There is no revenge which he may either intend to 
or can take. A client changing his lawyer is quite normal.

4. Your wife may claim division of assets in US, a right which she does not have under the present legal framework in India.

Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1) Can I file a divorce in US since it's faster here. I know few people who got DEFAULT Divorce in US while their case was still running in India. The only concern is the alimony. My file has already demanded 2 crores in India.can she ask for alimony here too?

You can file a divorce case in US too if she had resided with you in US at any point of time.
She can seek alimony and also can enter into a post nuptial agreement too on this. 






2) My divorce legal notice is in regional language. I don't understand that at all. My lawyer told me that in India all legal work is in regional language. I want to get an english version of it. Does court provide english copy?

You can get it translated in English through your advocate.  He can get it translated and get the same attested through a notary public too.
There is no such thing that it has to b presented in the regional language alone. 
Your advocate is not advising you properly 






3) My lawyer doesn't seem to be nice. I am thinking of changing my lawyer. Is the transition from one lawyer to another smooth? what documents I need to have in order to take my case to another lawyer. Can my existing lawyer take any revenge on me for this?

You can change the lawyer at any time. you can inform him that you are changing the lawyer hence request him to give NOC in the vakalat form and can continue your case through another advocate.The previous advocate will not take any revenge on this.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1)I know 2 cases where wife didn't reply to a notice from US case while the domestic violence/4981/divorce case was running in India. Logically she could have asked for alimony in US too , that will only make her rich. Since she didn't reply , I wanted to know if replying to US notice can make her case weaker in India?

If the wife is not giving a reply nor sends her objection to the divorce suit filed by you then you will get an exparte divorce, but tht divorce is not valid in India.
Only mutual consent divorce or contested divorces in a foreign country is valid in India.




2) My family lives in Pune. My case in running in Mumbai. I am thinking of consulting a lawyer in Mumbai since there are better options. Is it recommended to hire a lawyer in different city since it would be difficult to meet the lawyer in person.


You can engage the services of a lawyer from any city provided you are ready to bear the expenses of the outstation lawyer every time he visits Mumbai.for the case. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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