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Anonymous (Business )     22 November 2023

I am out of country

Hi my wife filled a case DV after i flew to foreign country but befor when i was in india she filled a complaint in women cell but we mutually stopped the FIR in written.

when i landed here she filled a case against me and my parents 

Is ther any chance i have to go back?

she cheated on me so there is no point i am going to stay with her we have 9 yr old son 

 

please reply should i be worried as i do not want to go back ever.

 

Help me out please else my life is ruined 



Quick Summary
This discussion addresses a user's concern about a domestic violence case filed by his wife after he travelled abroad. He seeks to understand if he must return to India to attend court proceedings and if the case will affect his visa. The advice provided suggests that DV cases are quasi-criminal/civil, personal appearance can often be dispensed with via a lawyer filing a petition under Section 205 Cr.P.C., and the case is unlikely to impact his current visa status.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     22 November 2023

The DV case is not purely a criminal case, it is quasi criminal and quasi civil.

You do not have to come to India for attending the case.

If at all the orders passed by court are not complied then the court may initiate suitable action to recover the money or the relief sought by her as per law.

Anonymous (Business )     22 November 2023

So there will not be any issue with my visa and such?

and as per my understanding the only issue will arise when i go back is it true?

Also she stopped the FIR at first that is also a proof i guess ?

 

Thank you for your prompt reply.

T. Kalaiselvan, Advocate (Advocate)     22 November 2023

This has got nothing to do with your Visa.

If you engage an advocate, you can ask him to file a petition under section 205cr.p.c. to dispense with your personal appearance before court for the said reasons.


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