Cause of action
Querist :
Anonymous
(Querist) 24 January 2012
This query is : Resolved
where the cause of action has arisen in U.S can a domestic violence complaint be filed in the Indian courts by a ORDINARY RESIDENT ( U.S CITIZEN BUT LIVING IN INDIA SINCE THREE YEARS.)
Devajyoti Barman
(Expert) 24 January 2012
Yes it can be filed as domestic violence includes economic abuse and mental harassment as well which can be made to a person in India.
Advocate. Arunagiri
(Expert) 24 January 2012
Complaint can not be filed for an offense which took place before three years.
Raj Kumar Makkad
(Expert) 24 January 2012
#Arunagir! DV Act is applicable retrospectively so limitation is no issue.
The discussed matter is that the complainant is a USA citizen and alleged offence was made in USA so can she file DV case is Indian Courts on the basis of alleged incidents of violence in USA.
In my opinion, she cannot file.
Sudhir Kumar, Advocate
(Expert) 24 January 2012
any action of indian national, forbidden by indian law can lead to prosecution in india
Advocate. Arunagiri
(Expert) 24 January 2012
Mr.Makkad,
The spouse is living in India for the past three years. The author says the offense occurred in USA. So, it must be before 3 years.
That is why I said, Complaint can not be filed for an offense which took place before three years.
Shonee Kapoor
(Expert) 25 January 2012
Rightly stated by Ld. Arunagiri, prosecution under PWDVA is time barred, however action in other laws might be applicable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 26 January 2012
okay. thank you for the help. however, my query was- where the act of violence has taken place in the US on a US citizen, who now is living in India, can a complaint be filed under the PWDV act?
V R SHROFF
(Expert) 26 January 2012
If wife allege, Hussy phoned me, harassed me, instigated his in laws, who driven me out last month, Husband and his relatives asked xyz dowry, , beaten me, throw me out of mat home, did not allow me to use shard household, also not maintain me, etc etc, THEN??
Phone call recd in India, harassed in India under h inst. ??
Wife mus say cause of action aroused in India, where she is suffering.
So it can be filed.
Once applied , Defense may raise these point. But Application of DV cannot be quashed.
