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casedivorce   27 October 2017

Wife filed domestic violence complaint to police

This all happened in USA ,

my wife has filed complaint to police when I was at my office  ,stating that i slapped her previous night , 

now she is not attending to court proceddings in USA even after Public Prosecutor and have summon served . she is in India now . still PP called her to india mobile and informed . 

so now if she does not attend last time then case will be dismissed , what should i do next ? 

i am plannig to file defamation case in india as i lost around 2Lac to attend court and lawyer fees , or divorce case will be granted on grounds of cruelty as this casused me lot of emotional and personal harrasment , and I lost my money in these stuff . and this bad record will Haunt me forever in USA .  

please tell me what all cases I can file against her back in india ? . and how much time it will take for court to finish those cases . 

if i file Divorce case how much time will it take if its contested . 

 

 



Learning

 6 Replies

Siddharth Srivastava (Advocate)     27 October 2017

You can file suit for damages claiming compensation from your wife. Generally, it takes 2-3 years in trial court but it can not be predicted.

1 Like

casedivorce   27 October 2017

1: One male person Indian who was in contact with my wife in USA same city , had called 911 police and informed that I locked my wife and went to office , he was given this information by my wife's father . and he said he doesnot have any contact number of my wife with him . I do have call records from 911 police . 

2: when police arrived at my home in USA , my wife opened door and she was ready with bag packed , my wife said him that i slapped her previous night (which is false ) she did not mention anything about door locking . 

in USA no house door can be locked or have provisoin of locking from outside when someone is present inside . i do have video of all room door at my house . 

now can i use the call recordings of the guy and my wife statement back in India to file a defamation case and how much time this takes as i have all evidence with me and its clear and open that my wife and that guy statemnt is mismatch and there was a conspiracy game behind me . 

please tell me what all cases i can file against my wife and that male person who is indian too back in India . 

manoj   27 October 2017

You don’t have right to file defamation suit against your wife. The Hon’ble Supreme Court in a recent decision observed that mere filing of complaint is not cruelty, if there are justifiable reasons to file complaints. Merely because no action is taken on complaint or after the trail accused is acquitted may not be a ground to treat such accusations of wife as cruelty within the meaning of Hindu Marriage Act. If you want to know the exact legal position, I will provide judgment.

manoj

advocate

8686159292

casedivorce   29 October 2017

I was arrested ffor 2 days after she filed complaint , and i had to hire a lawyer in USA just to fight my case which costed me 2Lakhs . 

Pawan S (06292021602) (Advocate)     30 October 2017

At this stage of your case, it seems below sections are applicable

IPC 177– Furnishing false information.

IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person

IPC 211– False charge of offence made with intent to injure

IPC 499– Defamation.

IPC 500– Punishment for defamation

IPC 503– Criminal intimidation

IPC 511-  : If the wife files a false 498a complaint against the husband and the family (thinking that they will pay her xx Lakhs !) , AND AFTER FILING SHE COMES TO KNOW THAT ‘NOTHING’ (No money) is there in the pocket the SHE HAS DONE THE CRIME OF ‘BLACKMAILING’…) Best of All : 511 IS APPLICALBLE

1 Like

casedivorce   30 October 2017

@Pawan Saha,

so you mean to say if "wife files complaint and runs away from the proceedings then its a crime ?" 

2: We have not taken even 1rs also as dowry nor any gift nor asked any gold (both conrtibuted equally 150grms+150grms each side)  , now suddenly her father i.e my father-in law , started to claim that he given me lakhs of rs as dowry and he invested 30Lakhs in marriage which is utter false , (1.2L for marriage hall and 1L for food )

all my marriage expenses cost like dress, gold are brought by my credit card and debit card not even 1rs is been deposited into my account and i used PAN card where ever needed when buying gold , we are proper salaried employee so we do not need any hard cash in hand and all money is white , when brining my wife to USA i only paid her visa charges , passport charges , ticket cost , so having all this accounted . infact he is supposed to pay us 10500rs which he had taken during marriage . 

watcase i can file against her father putting false alligation on to me that he invested 30Lakhs for marriage and telling i demanded money , i do have call recordings of this .  

having all this in mind assumimng if you are his/her lawyer how would you defend him ? I just want to collect all evidence before we file numerous cases on to them  so that they cannot retaliate against us and case should move fast. 

(knowing that her father does not have job nor any of his son or family member , they does some business nor they have proper bank transaction to claim that he has 30L amount nor i doubt he has any bank transaction done ) .

 


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