vijay kumar (--) 20 October 2011

Can i file dv on my wife in us. she never lived in us

What is the name of your state (only U.S. law)? CA

I came from India 15days back on H1 visa. I suffered a lot of physical and mental torture with my wife and her parents in india.

I am planning to stay here for 3 years. My wife doesnot have any visa at this time. I dont want to stay with her anymore. I have threat with her if I goback to india.

Can you clarify my doubts

1. Can I file DV and Divorce from here(US court)?
2. If she comes here by any visa and put false cases on me, how do I protect myself?
3.. If I file DV here, how can she contest? How the court accepts my statement with out her contest?

4. Is ther any chance for her to pull me back to india?

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5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 20 October 2011

1. If your marriage had taken place in India then you cant file and if filed, shall have no legal impac upon your wife.

2. On the bases of factual position because merely leveling of allegatttion shall not work.

3. She shall also be entitled to defend her case as per legal provisions as no person can be condemned unheard.

4. Yes, if you have violated any criminal law.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 20 October 2011

Raj Kumar makkad is right

a.poornachandrudu (advocate) 22 October 2011

1. your wife files petition or police complint against you diffinitly you will come back to india

2. you have to file the case in india where your marriage is perpormed a or living in india thriugh your parenta with properauthintication through lawyer with proff

3in india which state and place if you belongd we can suggest the advocate

**Victim** (job) 22 October 2011

Originally posted by :raj kumar makkad
"	1. If your marriage had taken place in India then you cant file and if filed, shall have no legal impac upon your wife. 2. On the bases of factual position because merely leveling of allegatttion shall not work. 3. She shall also be entitled to defend her case as per legal provisions as no person can be condemned unheard. 4. Yes, if you have violated any criminal law.	"

Mr. Makkad can you please give us any example related to you answer of query 4 ? We really want to know if india was able to deport someone from abroad on matrimonial issues.

K.P.Satish Kumar (Advocate) 30 October 2011

You can file Divorce petition in US as the conditions of US law applies to get divorce. If you want to get divorce, then you should talk to your wife and make a settlement with her. She may ask a lump sum amount as an alimony. If you do so then you can get divorce by mutual consent. You wife has rights to file case against you. even she can file Dowry harasment case, Case under DV Act. So becareful in taking decison, consult experts.

for help:-

K.P.Satish Kumar M.L.

Advocate

Ph:- 9962999008

email:- divorceadvocate@aol.in