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Reet   02 March 2016

Wiife's cruelty against husband and false allegations

I got married in 2013. Me and my wife moved overseas after just 2 months of marriage and stayed for nearly 2 years. I have been living overseas from last 6 years. During her stay there she was very verbally abusive and even physically violent to me. I returned to India few months ago in 2015 and tried to talk to her family but on the contrary they filed a domestic violence and dowry complaint in women cell and also other similar cases (sec 17,18,19,20,22) in the court against me, my mother and my sister (citizen overseas) after few days when I flew back overseas. She alleged that my husband has deserted me in India intentionally when I (wife) refused to pay Rs 15 lac more to him. She also alleged of returning her stridhan which she already has taken including jewelry. She has applied for a monetary relief of Rs 10 lac under sec 20, Rs 50,000 pm for maintenance,  They also seem to have bribed the women protection cell who are now harassing my parents in India. I have video evidence (mobile videos) of her being violent against me and threatening me when she was overseas. Also, I have a doctor certificate of her mental depression (before marriage).

Now I know that everything filed by her is false I have few questions in regards to fighting this case:

1. What evidence she needs to provide for false allegations of dowry (cash or gifts) at the time of marriage 

2. Can she claim a part of my immovable property (agricultural land, house) in India ?

3. Can I file a divorce overseas? Can it be considered legitimate in India as we stayed most of the time after marriage overseas?

4. Her elder sister also got divorced few years ago with allegations on his  husband's extra marital affair (US citizen). Can this be a supporting statement to show her family background and their intentions?

5. Has my sister (married) anything to do with this? Can she be involved in this?

6. How effective is the video evidence of her cruelty on me in the court ? 

Thanks in advance



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     02 March 2016

Dear Querist ,

Now you dnt have to worry against the false allegations and 498 a cases in india as Honble Supreme court in land mark judgement Avneesh Kkumar versus state of bihar , clearly issued certain guidlines regarding taking action in such cases. You can also file complaint against them for harassment and torture depending upon what evidences you have. Dnt get panic and follow the lawful procedure. Text me inbox or call me for more details.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 March 2016

In addition to Adv Thakur,

She can't claim any property purchased before UR marriage.

Her elder sister's divorce has nothing to do with UR case.

Evidences at Ur disposal have to be proved in the court.

If  U R a greencard holder U can file for divorce in US,but only on the grounds of irretrivable breakdown.

Anyone from UR parental home can be implicated even if they are staying elsewhere.

 

saravanan s (legal advisor)     02 March 2016

Getting a divorce overseas won't help unless it's a mutual consent one.she can't lay any claim over your property unless it's a jointly owned one

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