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sayyad (abc)     03 January 2011

Can we file domestic voilence case against man in IS?

How to file domestic volience case for husband in US currently wife is in India?

I married my daughter to software guy in US  after marriage they started demanding car , money.Her in laws taken money from me then only she was allowed to go to US.Her husband started beating her in US.he made her servant.One day my daughter caught her husband with another girl,he started threating my daughter and send her back?
When she came back i saw saw beaten marks on her body by her husband and immditly filed case against him.But he is not coming to India.
how do i file case in US?Can anyone help us on this issue?

Please guide us?



Learning

 4 Replies


(Guest)

YOU CAN FILE A CRIMINAL COMPLAINT FOR HARASSMENT AND DOMESTIC VIOLENCE.  BUT YOU CANNOT ENFORCE AGAINST THE PERSON NOW AT US. BETTER WAIT SEE  IF THE PERSON ENTERS INDIA AND TAKE STEPS VIGILENTLY

Dawood J. Khatri (Advocate)     04 January 2011

While in US, your daughter should have approached the Police there with complaint of domestic violence.

This is a serious offence there.  Police would have hauled up your son-in-law and locked him up,  and would have given proper shelter to your daughter.

D.J.Khatri, Advocate, Mumbai

Tajobsindia (Senior Partner )     04 January 2011

@ Author

For starter

Que. 1: Which type of case you have filed seeing your daughter all beaten up by your SIL?


Que 2: What is the status of above Case?


Que. 3: Is case filed in a Police Station or as Private Complaint before a
Magistrate Court?


Que 4: Has till date there been any MLC conducted by any of the concerned Authority on verifying the beating marks on your daughters various body parts as alleged in your query?


Kindly provide above ques. answer and seek further guidance.


BTW, it is not necessary to send RCN or via Consulate Summon Overseas in a domestic violence case whose Jurisdiction (cause of action) lis is in overseas jurisdiction and summon served upon his local residence address is deemed service and all further proceedings before Court may be ex Party on press of Complainant side so what is the main issue here !  

SOLOMON.RAJ (advocate/director)     26 May 2017

Dear Mr. Syed,

                              You can very well file a case under the D.V. Act here in india while your son-in-law is in the states. There is no bar in filing a D.V. case here in india. As & when he comes to India or Visits India he will be arrested and there by the Trial. You can also approach the Hon'ble D.V. Court & seek a direction to deposit his passport also with a direction not to leave India without the prior permission of the court.

 

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,

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