Court notice for spouse staying in usa


It is possible that my wife's family who is harassing me may file a false 498a case on me.  My wife is in India while I am in USA. Also, it is unlikely they will include my family in India as she hardly lived with them.

They do not know my current contact details in USA. They may only know my old details which I changed and they are not aware of.

If they send a court notice to old address and since I wont be getting it anyway, will the court in India treat it as contempt of court or give a default judgement in my absence?

 
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Advocate

Sir, Yes it is possible that she can file 498A in India and mention the name of all your family members in it. You better keep a watch on her actions through a local person, who could inform you about her movements and all ... That will not amount to contempt, but yes the court can issue warrant if they are unable to trace anyone of you or may also issue a proclamation.... Speak to your wife through an intermediate person and settle the things before hand ... Regards Kapil Chandna Adv 9899011450
 
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LEGAL CONSULTANT

Aptly answered by Mr Kapil 

 
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Advocate Solicitor & Consultant

Dear Client,

If you think that you can not be traced in UAS you are well mistaken, Summons can go through the Indian embassy there and they will find out easily where you are living.

Secondly, your wife can sue you and your parents and other relatives in 498A case where as not in the domestic violence case , as she is not living with your parents.

You are requested to first apply for the anticipatory bail of the persons who you think can be prosecuted from her side and then wqit and watch her steps carefully.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute matters.
Off:
204-B, Nanda Devi Apartments
Plot-19, Sec-10;
Dwarka,
New Delhi -75
Ph:  09582144748
 
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LEGAL CONSULTANT

Filing 498A is still a presumption, may file or may not. But the problem starts once it is filed.Since how long U are in the US and UR wife in INDIA? For how many years were U together? Reasons for getting separated . Do U have children ? Answers to these could help us for a correct advice.

 
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Sainath:

We are separated since more than 1 month.

We didn't spend much time in India together.

We were together after marriage for about 10 months in US. 

Reasons - she is claiming exaggerated domestic violence on me and her parents are threatening us. Not sure if they will file 498a or DV.

No children.

I believe since we stayed in US, the DV case won't hold in indian courts I believe as it happened outside borders of India.

 
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LEGAL CONSULTANT

Actually she should have filled complaint in  the  US, if there was DV by U there. I dont think it will hold good now here. 

 
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What you have predicted abut her next move is your wrong notion about the law in vogue which you refer.  She can very well lodge complaints against your parents, the court will decide about the facts later on during trial. Dont be under the impression that she will not do this or she will not be able to trap you because of not knowing your present address.  If the court decides, a look out circular can also be issued and you can be tracked and caught while crossing any immigration counter across the world with the help of your passport number. 

However, be in touch with a trusted lawyer in India and be informed about the developments and take precautions accordingly.

 
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LEGAL CONSULTANT

You have to appear in the court initially and later on a good lawyer can take charge. Don't trust a disgruntled wife, because 498A and  Dv are thorns in the flesh of the husbands.

 
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Dy Director

refer subsequent query at

http://www.lawyersclubindia.com/forum/details.asp?mod_id=118943&offset=1

 

on this thead you are probably representing a girl married to NRI.

 
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