mahesh 03 December 2015

Do i need to come to india when my wife goes to police

Hi. We are married Dec 2013. as soon as marriage we came back to usa and stayed together for 7 months. July 2014 she left to india cuz our mentality didn't match. I tried my best but couldn't really understand her behavior. anyway now dec 2015 she went to police station and don't know exactly what complain she put on me but police called my parents yesterday and told them that they want to talk to me and i have to come to india to settle the matter.

Do i really need to go to india when police tells me to come to india. I really don't want to stay with her. not sure if i sould file divorce first cuz she might put all the false cases on me. We are separated from 1 and half year me staying in usa and she with her family in india.

Could anyone please suggest me. I am really confused what to do ?

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8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 03 December 2015

Well,is it only the behaviour of Ur wife the reason for UR separation,if so it could have been sorted out amicably instead of breaking the marriage.What was she doing in India since july 2014,provoking her to give a complaint now?

If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offence has been committed bu U,then the IO may ask Ur presence for investigation.

First ask UR parents to ascertain what kind of a complaint it is?

SAINATH DEVALLA (LEGAL CONSULTANT) 03 December 2015

Another thing is don't ever proceed legally from UR side by filing RCR or Divorce or MCD .Wait for the other party to act.

mahesh 03 December 2015

@SAINATH - Actually its just not her behavior but her actions also she goes to bathroom taking knife with her just to give tension to me thinking what she might be doing inside with knife..Once i tried to stop her while taking knife to bathroom she came very angrily trying to stab me. she is very agressive and dangerous girl. I don't know what will happen to my life with i stay with her. she might do something to herself or might do something to me in anger. I am sure i need divorce but i am scared of all the false cases she puts on me drag me to come to india and hold me back their and finally i will loose my job in usa.

So i didn't applied divorce till now and was waiting but now the time has come she went to police station. so the police might call me to come to india. I don't want to go and get stuck their and loose my job. I did so muc hardword to get here in my career. Please suggest me.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 03 December 2015

Dear Mahesh,

Tell the police to summon you officialy if they need your presence before them, and tell them to inform whether an FIR has been registered or not.

Rest hire a local lawyer to do the ground work for you in you absence. i.e. to get all the details as to what cases she has filed against you and if the FIR has been registerd, then better take Anticipatory Bail before landin India,

Warm Regards

Kapil Chandna Advocate

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prabhakar advocate (advocate) 03 December 2015

As she has given police complaint, as per the procedure laid down in matrimonial matters, the first duty of police is to call the opposite party and initiate conciliation proceedings. As a part of this, they called you to attend these proceedings. If you choose not to appear, then the police have no option except to register the complaint as FIR and send it to the concerned court. From there, the court also has got no option except to issue non-bailable warrants. Then also you choose not to appear in the court, the court will proceed further. If you file divorce case, to get it frutified, you have to come to India and you cannot refuse to attend criminal court, but attend divorce case. If you will not appear in divorce case, then your petition will be dismssed for non- prosecution. Engage a local advocate to appear on your behalf in police station in conciliation proceedings and later on to file anticipatory/bail applications at appropriate stage.

Laxmi Kant Joshi (Advocate ) 03 December 2015

Dear mahesh , no need to scare about her police complaint, don't guess bad for you there is every solution in the law, first try to know what sort of complaint she did in the police, if you feel uncomfortable to fetch them then engage a local lawyer for you he will act on behalf of you he will give and accordingly guide you each and every complaint which your wife had filed in the police station, act as per his guidance it will fruitful for you .