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tan_sur69 (Engineer)     20 February 2014

Domestic violence case againts nri (us citizen)

Hello!

I am US citizen - woman (from an Indian family background) and I have a query about a family dispute. My brother (an Indian) was married as per Hindu customs in India on March 2012 to an Indian girl, marriage was performed in India.
After a month of marriage, issues arise between the boy and the girl family and they are no longer staying together (not yet legally separated nor divorced). A 498a - Section 3 and 4 is currently running in the court against my parents, and brother.

An year after marriage, the girl complained to the Indian police on dowry harassment against my parents, brother, dad brother (Uncle) and on me.She has accused in the FIR (First Information Report) that I have taken 15,00,000 rupees as dowry.
By Indian Law, dowry harassment is a criminal case and warrants an immediate arrest without investigation.Giving and taking dowry is crime.
This whole episode disturbed me very much and my family.I was depressed and this has taken toll on my health and my children.
During initial police investigation, the Indian police observed that I had neither traveled to India for last 4 years, nor met the girl anytime.
No money transactions happened and neither any form of torture was used by me on her. The Indian police removed my name from the charge sheet and I was not charged. This case is still running in the court against my parents and my brother and trial did not start.


While the 498a case is still running in Criminal court, and after 2 months of dowry harassment case, she again filed a domestic violence case against my parents, brother, Uncle and on me.
She accused me of not supporting her (she never mentioned what to support), this whole episode is taking toll on my health and mentally
  disturbed me. I want to sue her for providing false information and breach of peace  and trust in my family and to defame me.

My questions
____________

1. Can i file lawsuit against her for falsely implicating me in these cases ? I am an US citizen while she is an Indian citizen,
Civil or criminal cases in India take much longer time and tedious, please advise? Where should i file the cases (country?), please provide suggestions.

2. Under what Law sections i can file suit against her ?

3. How long would the whole legal process take and what legal implications it has on me and my family ?

4. What legal implications are present, if she is found guilty or otherwise ?

5. How can i bring her to justice in USA ?

6. How can i make my case strong ?

7. How does the court decide on the scale of damages done to me and the compensation involved ?

A brief summary about the girl and the family
------------------------------

---------------------------------

The girl is well educated and stays in India, they come from affluent family and currently she is not working.


Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     22 February 2014

let 498a case against the family be dropped. Then get to think further.

Sudhir Kumar, Advocate (Advocate)     23 February 2014

Further thought on your case.

 

 

You need to think of the following points :-

 

 

1.      Indian criminal law has a provision that an Indian national committing a crime (as per Indian law) while abroad is liable for prosecution in India.  Please check there may be similar provision in USA.

 

2.      Your name has merely been dropped from chargesheet by the Police in India.  You have not been tried and acquitted.  Hence the said allegation can be subject matter of trial in any part of the word.

 

3.      You are right to believe that 498a is a unique law in India.  However allegation (true or false) of dowry demand also amounts to extortion which may be a crime as per US law.

 

4.      Please check from US lawyer, it is believed in India the onus of proof is on prosecution and in US it is on the accused.

 

 

It may not happen that based on the facts stated in FIR in India you may face trial in US.  Please consult US lawyers.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     23 February 2014

Any effort to get solution for your legal problems in India FROM OUT OF COUNTRY COURTS  will be very very costly with no results.

 

Let  any no of FIR  be filed or court cases against you the same can be effectively tackled through   INDIAN laws.

 

Please provide the copy of all the FIR s and we will provide you proper line of action.


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