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(Guest)

Foreign citizen-dv maintenance

Indian MM in my DV case  is asking me to provide my income details .....now none of us reside in INDIA and work there ..but ex wife has put in false affidavit with half her income converted into Indian rs plus put in various details about her income.

I don't want to provide any details of mine neither have any income or assets in India acceept my parents anscertal property  .....what should I be putting through as our reply ?
Issue is dont want to put false details...but concern is if put correct ones they would see this person $$$ poor girl so less and pass an order.....

APpreicate a urgent reply
 



Learning

 5 Replies

Biswanath Roy (Advocate)     29 January 2014

You have not disclosed what is your query and legal issue so proper advice and opinion cannot be given. Do you think that as you are a resident of a foreign country Indian Court has no jurisdiction to try, hear and determine any case although cause of action arose in India ?  Secondly, your specific allegation  against your wife is that she filed a false Affidavit in the court then why don't you challenged it?


(Guest)

I compltely understand any act of crime done in india by any citizen can be tried on in India ....my question if parties dont reside in India ...and are foregin national already divorced in contested hearing.....can sec 125 crpc and DV applicable on these ..................?

 

My ex wife has lodged these cases in India .....to harass my family and she working & living in US with her boyfreind takes a trip to delhi and put these cases.

MM asking me put my income details in india ...if case is not maintable on grounds than why should i give my income details ?

Biswanath Roy (Advocate)     29 January 2014

If the case is not maintainable then go to higher forum and challenge its maintainability and take interim  stay order over the pending proceedings before MM.

T. Kalaiselvan, Advocate (Advocate)     31 January 2014

If you feel it is not maintainable, why do you attend and why do you bother about it. Just do not appear before the court and wait the law to take its own course of action.

Biswanath Roy (Advocate)     01 February 2014

File an application  u/s. 482 Cr. PC in the High Court of jurisdiction to quash the proceedings u/s. 125 Cr. PC pending in the MM Court.


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