Domestic voilence case

1. File a petition for Restitution of Conjugal Rights.

2. She has filed such complaint before the Magistrate and not the police.

3. The Magistrate will direct the police to investigate and not until the report is given by the police the court will not entertain her application made under such sections.

4. File an application before the Magistrate seeking initiation of mediation process.

5. She will then give evidences about such violence before the mediation and you can tactfully handle such interrogation by the mediator.  The report of the mediation will be given to the Magistrate and if no cause of any violence is inferred from such report then the Magistrate will not  pass any order and will wait for the police report.

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Till it won't be explained by you that why after 8 years of marriage, still wife is lying about you in court of law in a DV petition, the solution is a far cry. As per DV Act, the alleged offences occured in matrimonial home, which may be abroad in your case, can be agitated in the Court in India from the place, where wife is living at the time of filing the petition. As the marriage is still subsisting that 1 year 11 months period won't bar her to file DV petition. What my ld. friend is talking about is domestic incident report, which is not mandatory in proceeding the DV case further. You are summoned and if you appear, at the first instance the court tries to send the matter before mediation for the peaceful solution of the problem and if that cannot be arrived at, the court will take evidence of oral as well as documentary and on that basis decides the case. Thorough police investigation is not required in deciding the DV case. Evidence from the parties is enough. If after receiving court notice you will not appear the court can proceed ex-partee and decide the case on merits.

Even though you don't want to tell to us the real bone of contention, you must be knowing very well that actually what is that to have made you estranged couple and she left the green postures of foreign land and landed in India.  As you are abroad and naturally anticipate criminal cases which your wife may foist against you, you cannot come here to participate in conciliation talks.  Better use mediators to find oout the solution to the problem, which you are aware.  It appears that she does not want to snap the relation altogether.  That is why she resorted to domestic violence case instead of divorce case.  If you want to maintain relationship still, then you can file a case - restitution of conjugal rights - but how far it is effective once one spouse decides to stay away from partner, I am very much doubtful.  If you want to snap  the relationship, then you can file divorce on the ground of desertion of 2 years or more and other ground like cruelty if the facts permit for that.  For child visitation, you have to file child custody case with interim relief of child visitation here, where ordinarily chid resides.  You will, definitely, get the relief of child visitation at regular intervals.