Vab (Engineer) 29 January 2014

Domestic violence charges

Hello,

I live in USA and have been separated from my wife and our 2.5 yrs old son for last 4 months.

Wife and son are living with her parents in India.

I have been married for 7 years and me and wife both lived in USA for 7 years except the last 4 months of seperation and short visits to India once in a while.

There were verbal fights among us from last 6 months or so..

A month ago I filed for a divorce case in US courts. Wife was served with the petition.

She immidiately went to the nearest court in India and filed a case of domestic violence againts me.

I have not done any domestic violence.

I have got a one page letter by regular mail mentioning I need to appear in court in India to defend myself.

The letter mentions that it is under section 13(1) of the protection of women from domestic violence act-2005.

She and her parents claim that they want to work things out and my guess is that this notice is to threaten me to take back divorce case that I have filed in USA.

I am wondering whether I should visit India and appear at this court for my defense?

Or is it safe to ignore it notice.

Please guide.

Thanks

Reply Follow

10 Replies

(Guest)

@Author.....Where did your marriage get solomnized / registered? In India or in Abroad?

Vab (Engineer) 29 January 2014

The marriage was registered in India. We did not live in India though for most part of our marriage.

fighting back (exec) 29 January 2014

the DV case is just to harass and extort money from you., since she has applied for DV in india, you have to have a lawyer engaged to fight the case in india, first get a lawyer, mark your presence in the case through a lawyer, thereafter, your lawyer will represent you in the case, remember that if you dont have anyone to appear on your behalf, there will be exparte orders on you, and there will be more headache.

you might have recieved the DV petition copy by post. what are the reliefs that has been demanded by your wife?

how much are you earning? and do you have any properties in your name in india. do you have her stridhan? Do not ignore the notice at any cost

Vab (Engineer) 29 January 2014

The only thing I have received in mail is a one page letter by court asking me to appear in court on a certain date. The letter mentions that if I fail to appear they will proceed ex-parte to get her the reliefs she has claimed. I do not know anything about what reliefs she has claimed.

How can I request a copy of the actual petition and find out what reliefs have been claimed?

She has withdrew significant amount of money from our joint account before I filed the divorce case. I do not have any properties in my name either in India or in USA.

I earn a decent living in US. She has taken her stridhan with her.

Thanks

Vab (Engineer) 29 January 2014

Since I live in USA can the Indian court even have jurisdiction over me?

Can I claim that I did not even receive such a mail?

Q Slinger (NA) 29 January 2014

Are you a citizen of US? If yes, have you any ties with India other than your son? What is the date the court told you to respond by and where is the court located?

Vab (Engineer) 29 January 2014

I am green card holder. Citizen of India. Other than my son who is in India right now I don't have any ties. My parents live in India but currently visiting me in USA. The date to appear in court is 1st march 2014. Please let me know your suggestions

Vab (Engineer) 29 January 2014

The court is in Trivandrum kerala

unfortunate victim (owner) 03 February 2014

Please contact immediately on MENS RIGHT ASSOCIATION OR https://www.saveindianfamily.org/contact-us/ https://www.facebook.com/groups/saveindianfamilyfoundation/

Q Slinger (NA) 07 February 2014

Agree with unfortunate Victim...contact the local chapter of Save Indian Family Foundation.

Also, do you have any plans for visiting india or settling down here in the future? If yes, then appoint a lawyer and get him to represent you in the courts on ur behalf.

My suggestion, regardless of if you are planning to come to India or not, its best to get a lawyer and have him represent you. Do you research before you hire one. Getting a good lawyer is heaven and a bad one can be worse than the experience with your wife!

Good luck