Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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casedivorce   09 October 2017

Wife filed false dv case in usa can she file case back in in

1:I am Indian, before travelling to USA 10days before I got married,   it's just been 4months of marriage and 45days with wife staying in USA,
2 my wife came to USA and stayed for just 45days before she leaving from usa she filed false dv case and the case is been dismissed in USA and I am innocent in USA law,
3 my wife ran to India moment she filed false charges on to me.
4  now in india my in law is asking me money of 30L, we come from village and that amount is too too high,
5  her parents and brothers none of them have education nor any kind of job, they do some small taxi business and have no property,

6 my wife is of 24yrs and she did engineering in computers, no job
7 now they r not ready to file any complaint in india against me as they don't have any proof and nor ready to file divorce.

8 they r just spoiling our family name by telling all false thing.
When we ask them to go and complain in police stating same that I locked her inside room in USA for week, they r not doing that, because I never hit my wife nor v fought.
9 suddenly one day in USA she called some guy whom they were known, and she and that guy gave false complaint when I was in office and went to guys house, I never saw the guy,
My wife stayed there with guy alone for 2days and went to India,
10  in india my in laws showing to all that I slapped to my wife they took pic of her, which is false, when she landed in india she dint complain to police nor did any medical check, it's been 1month she is in india and we r not in contact also,

1: usa police report says he was called by the guy who says as family frnd, age 32, he was been called by girls father to give police complaint so he called directly to police,
2 when police arrived at house and I was in office, he saw my wife crying, he was ready with bag packed, she dint have any visible physical injuries and he asked for medical aid and she refused , but back in india her father circulating her face telling I slapped and some marks on her , and there were no witness for her claims, she just said I slapped her previous night couple of times, will USA police report support me back in india?

3:  she was with that guy and his wife was not present in USA, so I am not sure of any affair of her with him, as I was never known of any such person before this incident,

4: she has not given any complaint in india because as per supreme court there cannot be 498A and dv case be filed in india unless it been verified by some designated committee, till they verify police will not take FIR, and they don't have any such proof to file complaint even police needs some kind of proof to file complaint right.?

5: just that she was with me 45days or marriage of 4months later she has left me, will this amount the court to tell I need to pay her maintenance? If this is case any girl in india can do this kind of game right?, I would be ready to pay her money if she had not filed complaint here in USA, because I lost lot of money fighting case and it will be criminal charges in my record always I can remove it only after 2yrs, so if my employer comes to know I will be jobless and will have to return back to India.

6: I have not taken any dowry for marriage nor any gift, we have put more gold on her then her parents,

7 they dint even give any kind of gift like cart, utensil etc, nor v ever demand

8  I have taken her to many places in USA in just 45days, brought her 13dress since marriage of 4months and 3 dress in USA in just 45days, I gave her wat she wants, took her outside daily, I have all bills, pics

9 tell me about the Supreme Court decision of forming a committee to deal with women false cases of harassment and dowry and dv in india, she was hardly 30days in my home in india,

10 I want to know what you might fight if you are standing with her as lawyer to defend her, I have stated everything openly.

11 plz suggest what I can do now, and what she can also do, pros and cons for me fighting case back in india, and will my evidence of taking her out, buying dress, prove I loved her and she cheated me,
12 I can also tell that she had relationship with the guy present in this place whom she said as family frnd, as he only booked her ticket to go back to India and she stayed with him couple of days.

13  will police accept her false alligations without any proof?

They don't want to file complaint because if they do they cannot claim 30L. What to do?
It's a clear case of money laundering right? What to do, I am in USA. It's 5th month of our marriage,

What step I need to take now?
I come from Bangalore, Karnataka, wife native is Bellary also same. 

My family all are educated, we have house earned by my father, few land, earned by my father no property from  ancestors, all earned by my pop and he has house loan and farm loan, my brother has his job and I have my job and this might be problem as there is false criminal charges on to me in USA, this might show up anytime so job is under risk, 

Girl family none is educated nor has degree, only girl did engineering in computer, they stay in rented house, no business, they have some ancestors land they earn little from that. 

Contact me at


 10 Replies

manoj   09 October 2017

The DV case filed in USA by your wife is resulted in your favor. Take all the certified copies from US court in DV case and be prepare to take further steps against your wife, if she is going to take further action against you in India be ready to face the other cases.


Vijay Raj Mahajan (Advocate)     09 October 2017


Things have changed in India and now Police is not registering any 498A IPC case nor arresting the accused persons just on the complaint of the wife but they under the instruction of the Supreme Court of India are supposed to refer the matter to committee of responsible members of society who shall check and mediate the matter between the parties, try to sort out matrimonial dispute and resolve it. It only after they make report about the matter to be sent for prosecution, the arrest takes place of the accused.

The mediation process for such matrimonial crimes has been in for such cases being strictly followed by the courts as well police department for some time, so you need not worry about it.

As far the demand of the wife for maintenance from the husband is concerned, that she can claim and get if she has no income or sources to maintain herself.

As far DV complaint is concerned that too, the wife can file and claim, maintenance for herself, residence order for herself and protection order for herself from the husband if there has been any act of domestic violence committed against her by the husband and she has no means to maintain herself or place to live. In these cases to the wife has to show and prove a lot, her medical report to show physical and mental injuries caused by the husband etc. Eye witnesses to prove acts of domestic violence committed by the husband etc. All these too fail and such DV cases ultimately fail. No punishment under the Act for domestic violence at first instance.

Divorce is the relief the husband can seek and get from the court on the basis of cruelty of the wife and on other provided grounds, but that too has to be proved by sufficient evidence by the husband.

The Divorce by Mutual Consent sought jointly by both parties ultimately results by the husband paying huge sum as permanent alimony and maintenance to wife, here the amount to be given need to be settled between parties first before moving the MCD.

1 Like

casedivorce   09 October 2017

1: I am still in USA , how can she file 498A,DV case again back in India , ? as she filed DV case here in USA.
2: she has not filed any complaint in India and no medical certificate issued , 
3: I was just 8 days in India after marriage .
4: she was hardly few days in my house out of 120days . I have sms proof that she telling she cannot go to my house . 
I have kept all things infront of you sir, if you were her lawyer how and what would you suggest her as next step?

manoj   09 October 2017

she can file 498A case, it is not bar when she files DV case which is decreed in exparty, she direct the US Ambassay to serve notice to you, and also she can file Maintenance Case against you through process of court summons will be served to you by Registered Post or other process. She will make US Ambassay as a party to maintenance case and she will ask the US Ambassay to serve the notice to the extent. she will make the US Embassay to the extent for serving the summons or she can ask the court to direct the US Embassay to serve the notice. For argument sake even she has a right to setaside the exparty DV case in US court as she went to INDIA my advocate did not inform the adjournment by changing the advocate kindly give me opportunity to contest the DV case.

Vijay Raj Mahajan (Advocate)     09 October 2017

Filing s 498a IPC complaint, DV complaint even if you're in USA is possible as many such cases I have handled, although those complaints ultimately failed that's another matter. What happened in US court for DV case is your defense that by itself won't prevent her to file these fancy cases here in USA. My clients sitting in US and other countries ask me same question number of times keeping in mind US and other countries legal system, but reply is same which I told you. As far what I would have done as her lawyer I would have insisted maintenance for her if she had no income or source of maintenance. I would have worked out divorce for her on mutual consent by settling permanent alimony and maintenance. I never suggest all those false criminal charges which cannot be proved. For more paid case discuss:

Adv Radhika Mehta (Advocate)     10 October 2017

She can file any case that she wants but whether she will get the relief is another question.  From the facts you have narrated, the chances of her getting relief is highly improbable.  I would advise you to use the dismissal of her US DV case as a defence against any procedding initiated by her in India.   

Samir N (General Queries) (Business)     10 October 2017

Your best defense will be that she has filed the DV case one year after separation... so it appears in your case. If so, get it dismissed on this ground alone without complicating the case further. Another issue is whether there was a Domestic Relationship between the two of you.  You can claim that you never lived together but were always living in hotel or honeymooning... Complex argument but can also be tried if you did not spend much time together.  DV requires domestic relationship not marriage alone. In other words, if you were married but did not have a domestic relationship in terms of sharing a household, DV will not apply.  If its any consolation, 90% of DV cases are thrown out or so I am told. 

casedivorce   13 October 2017

@Samir  , she dint file DV case after 1 yrs , she filed DV case in USA and its dismissed , I need to know what best I can do to get divorce in back in india , we got married on march 2017 . and considering she is educated b.e in computers and young age and does not have job . i was unemployed at time of marriage and came to USA , we dint ask any dowry cash nor gold nothing , we did all marriage with valid transactions and have bank statement for all . considering all this . can they file dowry case just to harras us ? . will the court or police accept it ? . she is not even in my house and staying in her house . she dint file any DV case in india might be due to no evidence , and based on US DV case can she file again DV case back in India ? . 

manoj   13 October 2017

after marriage one minute is enough for your wife to file a suit against you for dowry harrasment




Samir N (General Queries) (Business)     13 October 2017

Let one thing be clear. She can file any case on any basis at any time, true or false.  Unfortunately in India it is only now that false cases can result in defendants seeking compensation. Unfortunately you will lose time and money in the mean time.

So, if she has filed cases, you just need to let them go through the system through the normal course. Do not get disturbed. Hire a good advocate and let him pursue them. Make sure that you have someone from your family/friend be present during COurt hearings in India.  Be patient. You have nothing to lose. Be impatient and nervous, you have a LOT to lose. If you have not wronged her, nothing to worry.  Judges know that most cases are false.

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