I and my wife got married in Oct'09 and having two kids (5yrs and 1 year). Last three years, we had been staying in USA happily. My wife traveled to India in March'16 along with the kids for two months vacation. After reaching India, she has started insisting me to move to Australia (as we have Australian PR) and wanted to move to Australia permanently with kids. However, because of my job commitment in USA and told her that at this moment we would be unable to move to different country.
She started asking me to provide the consent letter for her travel with children (as it is mandatory for her to travel to western world (Internation parent child abduction cases). After refusing her to provide the consent letter, in return she has filed number of cases against me and my family. Below is just brief of my case:
1. 498A case was filed in May'16 against me and my parents and sister (married) - My parents and sister already got the regular bail now (as chalaan is filed in court now). I have not filed for my AB for myself as I would not be able to travel outside USA for atleast one year because of visa constraints.
2. Child Custody case in USA (Aug'16) - I have filed the child custody in USA (as children were habitual residents of IL state) and case is in progress.
3. After the summons were server to her in India (for child custody case) - next day she has filed another case against me for DV and then divorce under HMA (section 13). Summons are not served to me (as I just checked through online)
1. What are the option which I can avail to resolve the matter ( I tried multiple times to resolve the matter but she is wanting to see me and my parents behind the bar). Though, we have produced enough proofs infront of Hon'ble judge to prove that she was living lavish life with me.
2. For 498 a case - what should be the best strategy to tackle this case? As I mentioned about unable to travel to India at this moment and If I do in future, will loose my job and spoil my career too. However, I have always shown to resolve the matter amicably. Would court still consider me that I am at fault side and need to face the trial?
3. I am not staying in India last three years and address which were mentioned in petition (India and USA address both are not correct). For how long I can delay this process? Also, If case goes ex parte order then what are the advantages and disadvantages for me?