Harrasment in US

@ Nagendra the only difference between me & u is citizenship you are indian citizen and i am U.S. Citizen......i am waiting for experts to answer your query.

Execution of indian laws in U.S. is not easy to happen. As far as i know indian embassy is capable of collecting all necessary information requested by indian court. If they want to extradite you then whatever is happening it's happening in U.S.  you have your fundamental rights to protect yourself if they are torturing you then appoint a lawyer in U.S. and file a case against your wife in the state where you are domiciled. One of the reason all of us can't go against embassy is because we want to keep our foot in india and they know that very well but one thing they don't understand is the other side of the story where your miserable wife wants to screw up your life very badly. Just hire a lawyer in U.S. and defend yourself right away by this way you won't be harassed anymore.

Actually looks like your wife is from powerful family. Indian embassy does not call this quickly.

The cannot deport without a court order, and that too will take a lot of time. 1yr or so.

But 1 thing they will/can do is cancel/impound your passport if this goes any forward.

If you have GC then it is probably ok, since you will not need NOC from india, but otherwise GC proceedings will also be hampered.

try posting in 498a.org also,

May be filing a case of fraud here may help. You can also question the jurisdiction of Indian court based on her complaint, (if in complaint she did not mention any incidence of India) but slim chances Indian court will say it does not have jurisdiction in this matter

@ Ram Singh ------- Deportation is a joke in matrimonial issues. Do you really think a country is really interested to spend lakhs of rupees to extradite someone in matrimonial issue. Just give me one example where someone was deported in matrimonial issues ?  

They cannot deport without a court order, and that too will take a lot of time. 

@ Ram singh just to remind you indian court orders are limited to indian borders ........nothing could happen abroad........absolutely nothing.........what's happening with nagendra is nothing but real torture simplye torture.

I agree @Victim, deportation will not happen,

But they can still cancel the passport, and issue a LOC. That itself is a big issue.

I wish these girls could be punished for filing false cases but just by wishing things don't happen.

Seeing how fast things moved in Nagendra's case I am kind of surprised, So assuming for the worst.

@Author,

Biggest Mistake by opening joint A/c and a/c on her name, What makes you open up joint a/c ?
 

(My Non-Legal Thoughts)

I believe if you get hold on her a/c statement which shows money transfer to her parents a/c , i think you would be out of 498A atleast.

And for DV i believe you can go through  judgements with term "No domestic relationship" , atleast your family would be out of the mess.

@Nagendra

See my replies below:

Q1. Does Indian Embassy have right to take action against me here ?

A1. Yes but provided they are an official order from court to extradite you.

Q2. Can they book me under false DV/498A/Dowry case filed by my wife ?

A2. Yes. Only you could be booked as a statement alone by a woman in India is treated as gospel truth but counter-claim by husband needs srcutiny. Anyways, you shoudl not worry about this. As such is a normal practice in India that girls marry for money and then finally leave you nude without any money just that they spare you to not to rot in jail.

Q3. Can they take legal action against me in US for fake DV case ?

A3. Action in US is not the process but they can deport you back to India if there is a Court Order in this regard.

Q4. Do they have right to ask my employer for my salary ? My employer said that they have recieved a letter 4m Idian embassy ststing that there is a case against me in india and his wife has alleged DV against me. With regards to that they need to know my salary.

A4. As I said, it all depends on Court's Order. May be as your wife has filed for maintenance, so she might be interested in the proofs which shows your salary. But yes, this again needs court's assent. No one has any right to demand to ask your personal things. Not even the embassy can transgress the fundamental right of freedom of any citizen.

Q5. What are the Powers of Indian Embassy in US if they have to do something against me ?

A5. They cannot have anything against you. It's called procedures which they follow which is ordered by the Court.

Q6. Can a wife be favoured by Indian Embassy just based on her false allegations as one of her prayers is that i shud be brought bak to India for trial criminal proccedings.

A6. No. Her complaint has nothing to do with embassy or court. It's the court's order alone which could deport you.

Q7. What legal action can i take against Indian Embassy as I think they have crossed jurisdiction by approaching my employer. Am not sure if they can do so.

A7. Certainly they cannot do so without permission of the court or any legal requirement. You should immediately appoint a lawyer in US for stopping these miscreants in the Indian Embassy to stop poking in your personal life, that too without grounds. Even if you have a criminal case pending in India, how does that relate to your salary. Let them explain it in the court of law in US.

Q8. i am yet to appoint a lawyer and our case hearing has not yet started.

A8. You should do this immediately. Appoint a lawyer and apply for AB quickly. I think your proofs with regard to your money being transferred by your wife would be very handy and helpful. It would also amount to a complaint againt your wife under Cheating (417IPC)and Criminal Breach of Trust (406IPC).

Q9. Even be4 any hearing can indian embassy take action against me and try to deport me back to India ? since they have already contacted my employer.

A9. Without court order they cannot do it. You should immediately engage a lawyer and take an order in your favor from the court. If the Embassy illegally try to force you back to India then this order would be helpful. Wih the help of this court order, you can approach local US legal authority for restraining India Embassy to stop interfering with your personal life.

Q10. In case if there is a court order in future then what is the role of Indian embassy ?

A10. Indian embassy is only a maeesnger who will sent letter to you. And then if the court order says, then they will send you too.

Q11. How do I file for divorce ? I do not need such a wife who has ruined my life.

A11. You can firstly file RCR (Restitution of Conjugal Rights). You should state that your wife has left her matrimonial home without just cause and she has made your matrimonial life a mess. Also make genuine remarks regarding her stealing your money from the joint account and separate account. With RCR court would summon your wife and would question her that why she left you. She would say that you were cruel etc. etc. then your advocate can show that if you were cruel then how she hold a joint account which she emptied. There are many tricky ways which your lawyer could easily tell you.

Q12. I have been advised that if I fly to India I would be arrested at Airport with passport seized. Is this possible ? I was further told that there could be RCN/LOC against me in India with police waiting to jail me.

A12. No. This cannot happen without any court order. But yes if you have not obtained any bail order and directly arrive in India, there are ALL possibility that they will arrest you.

Simply follow below steps:

1. Appoint two advocates, one in US, second in India. In US you need to shoo away the corrupt Embassy employees who are harrassing you for no cause or reason. Then you India lawyer would file RCR and also he would seek Anticipatory Bail for you and your parents (if they are also named in the FIR)

2. Stay away from India as far as possible and don't come to India unless AB is granted by court.

3. Arrange all proofs which you can show in court that it was you wife who was fond of money and only for the want of grabing your money she has filed all these cases. For this purpose when you win your AB, file a quashing petition in the state High Court. Tell the court about your true story and the greed of your wife and show the that she wasa running for moeny and for that only she transferred all money to her parent's account and even bought a house from your money.

All the best !!!

//peace

/Saurabh..V

Q1. Does Indian Embassy have right to take action against me here ?

A1. Yes but provided they are an official order from court to extradite you.

My Question to Mr. Saurabh - Is indian embasssy capable of extraditing foreign citizens as well ? 

My wife filed Crpc 125 against me and i haven't accept any summons yet now finally local court has ordered to summons me via U.S. embassy not the indian embassy i don't understand how would this happen i would appreciate if you could explain me what would be the pipeline in order to serve me summons through U.S. embassy ?

@Saurabh The LOC can be issued without a court order also.

@Nagendra you only file for AB if you want to go to india. You will get a AB on condition to attend hearings and to cooperate in investigation. It is a good option in case you want to fight, The AB will ask you to report within 1-2 months to a station.

@Ram

Is there any law LOC which you can reply in support of your contention??

//peace

/Saurabh..V

@ Nagendra pls involve U.S. court in your matter let the game begin.......although you won't get anything other then stopping embassy bothering you but once you involve U.S. court it will be difficult for your wife to extradite you. I am already going to do this because my summons through embassy is already on it's way it's just i don't know how they will try to serve me but i will take extra precaution because of what happened to you ?

Respected Sirs,

I contacted a lawyer and he said that what Indian Embassy has done is overstepped into the matter and that they are trying to be naughty.

My question to the experts is Can I take action against the Indian Embassy from Indian Court. Now that I have managed to get copy of letter as evidence against their unjust act ?