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BoomJosh   08 July 2015

Dv complaint after almost 4 years of seperation

Hi,

Me and wife lived in US till Nov 2010 and have been living separately since then. She decided that she doesn't wants to live with me in US and never came to US with me. After around 6 (May 2011) months I filed petition for divorce which is still pending in the courts. I lived in India for about years from 2013-14 and returned to US. 
In August 2014 my wife filed  DV complaint against me in the family courts and for some reason it took good one for year for me to get the order to appear in the court at my residence. Since I am not in India she was not able to serve me. I was able to get a copy of the complaint somehow without me getting served. She has put lots of false allegations in it and is demanding one time amount of Rs 50 lakh for the damages.

I want to know if her DV case will stand since its almost 5 years now that we are separated?
I am in US but not being served, can she serve me in US? 
If I get served in US do I need to attend the court date?
She is deliberately dragging the court case and wants to prolong this without any conclusion. What's the best way out of this?

Please give your expert opinions.



Learning

 13 Replies

BoomJosh   09 July 2015

Any expert opinions on the DV case. Please help.

stanley (Freedom)     09 July 2015

@ author 

Appoint an advocate and fight the DV case . 

1. Consult a lawyer and get the copy of the petition she has filed . 

2. The allegations she has levied are in india or in the US .

3. if the allegations are in the US than her DV case would fall apart .

4. If you dont accept the summons the same may be published in the news paper and later on an ex-parte order may be passed s you are not contesting the same  . 

5. In the ex-parte order Maintenance, compensation etc can be passed . you may be under the impression that you can avoid paying this , but than if she is aware of any assests of yours know to her she may move the court to attach the same and recover the above amounts .

6. After all this than you approach the court to set aside the ex-party order or file an appeal in ahigher court against the order . The higher court would tell you to first deposit 50 % of the amount that has been ordered in order to hear your case .

7. you may be arrested upon your return to india . 

 

8. Hence it is better to contest the DV case and seek exemption from personal apperance for your case .

 

 

 

1 Like

BoomJosh   09 July 2015

She has leveled accusations of DV in India from June 2006 to Feb 2007 and for US from Oct 2007 to Nov 2010.

From reading the act and other forum posts I think she will not be able to accuse me DV for period in US and for period in India it is well above one year.

Do you think her case will stand in this case?

Please let me know your thoughts.

BoomJosh   09 July 2015

She has aslo accused my father of DV for the period June 2006 to Oct 2007. Do you think that will stand against my father?

stanley (Freedom)     09 July 2015

Originally posted by : BoomJosh
She has leveled accusations of DV in India from June 2006 to Feb 2007 and for US from Oct 2007 to Nov 2010.

From reading the act and other forum posts I think she will not be able to accuse me DV for period in US and for period in India it is well above one year.

Do you think her case will stand in this case?

Please let me know your thoughts.

For the allegations that she has levied in the US the question would be raised as to why she has not filed a DV case in the US .Hence the question of Jurisdiction would arise . For the allegations in India she has to prove the same and those allegation are almost 7 years old . The burden of proof is upon them to prove the same . 

Wether her false case stands or not you have to contest the same .

As usual Newtons third law of motion has applied " For every action there is a equal and opposite reaction "  Since you filed Divorce she filed Domestic violence .

Your query is incomplete .You have not stated if you have any offsprings or not and with whom are there as of present  . if you do have offsprings than the question of maintenance would arise for them and you would have to pay for them as the DV act is gender biased the Temporary custody would go to her . If she is not working than you would even have to pay her maintenance .

 

1 Like

BoomJosh   09 July 2015

Thanks for your inputs.

I read on forums that I can ask my parents to file IPC 383 to 389 for extortion,

Will that be a good idea?

 

stanley (Freedom)     09 July 2015

There is no point running around courts filing cases and wasting your hard earned money .Its better to get out of this and start a New Life . 

 

"The obstacles of your past can become the gateways that lead to new beginnings "

 

Nitin (marketting manager)     09 July 2015

The case is not valid, she canot file a DV case on you as you are seperated more than 5 years.

fight the case and prove her wrong in the court of law,you will get relieved from her forever.

Nitin

BoomJosh   09 July 2015

@Stanley: sorry forgot to mention about kids. We don't have any kids. She has mentioned in her complaint that she is not working. Though she is well qualified to work. She has 2 masters degrees including an MBA.

@Nitin: thanks for your inputs. I will fight the case on the merits. If I prove her wrong in DV can filing of DV by a women be grounds for divorce? I had read that SC and HC has given judgements that a marriage cannot continue after a false 498a. Is that true for DV too?

BoomJosh   09 July 2015

stanley (Freedom)     10 July 2015

yeah filing of false cases is cruelty and divorce can be obtained .

stanley (Freedom)     10 July 2015

There is a judement( indian court ) were a highly qualified Doctor who chose to remain idle was granted a small sum of maintenance but the judge also ordered her to work at a hospital free of cost ( community service ) . smiley

BoomJosh   10 July 2015

Seriously man the system should be overhauled and all gender biased laws should be made more gender neutral. Supreme court has observed that more than 80% of cases under DV and 498A are fake but our spineless politicians want these laws for women and feminist vote banks


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