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PoorHusband   23 April 2023

Protecting against false domestic violence accusations

Hello respected members of the forum,

Looking for advice. Have been married for about 10 years and most of that time spent in California. I am on H1B and wife is on H4 visa. Both are Indian citizens with a US born son.

My parents visited us after a gap of 9 years (their previous visit was 9 years ago when our only son was born). Wife does not get along with my parents and especially despises my mother.

We also have some occasional disagreements about her having to visit my house in India when we go there. I have never compelled her to visit but she never lets out son visit without her so she has to spend some time in my house in India which she does not like. Our visits to India are very infrequent and the last one was after a gap of 3 years.

During my parents' visit both of them especially my mother suffered from a chest infection during which I cared for her. This angered my wife. My wife has constantly abused me about my relationship with my parents (which mostly consists of me talking to them over the phone and may be an occasional gift like a cell phone or so).

At the end of their visit when I tried to spend more time with my parents (like getting a flue vaccine for them) she exploded and called the police (nine one one) on us. We have been undergoing fertility treatments for a second child. She has participated out of her own free will. She accused me of pressuring her to do IVF and manufactured some domestic violence cases which she claims happened many many years ago in front of the police. The judge here refused to sign any restraining order citing no evidence. Police also did not do anything because there was no probable cause.

My parents left for India soon after. Her family is influential in India and they have threatened to file cases like 498a, 503c etc against me and my family. I think her aim is to completely disconnect me and my son from my family under the threat of false accusations.

She has since calmed down and has agreed to take back these threats. Our son has special needs and will not adjust well to a sudden uprooting from the US if we get divorced and she loses her visa, which may be one of the reasons she has calmed down. My question is how credible are these threats when she has no evidence? If she had anything she would have shown it to the police here and gotten me arrested or acquired a restraining order against me. On the contrary we have a healthy record of cohabitation and many many photos/travel records etc. I have never committed any act of domestic violence against her, not even a single threatening text message or email in the 10 years we were married.

She is willing to sign an affidavit at the Indian Consulate here exonerating me of these false charges as a sign of good faith. Would that help protect me against false charges in India? What should be included in such an affidavit? Appreciate your help! 🙏🙏



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 April 2023

Yes. Your wife affidavit at consulate can be obtain. 

Essential features of an affidavit

  • An affidavit must be in writing.
  • It needs to be a declaration by the deponent.
  • The facts mentioned in an affidavit must be true to the best knowledge of the deponent.
  • In order to make it valid, it needs to be sworn in under oath before an authorised officer or magistrate.

Mansie Guptaa (Lawyer)     05 June 2023

As far as 498 a etc cases are concerned in India, the evidence comes at a later stage. As for police complaint for such offences they need not file any evidence as police is not judicial body.

So even without any evidence or merit your wife or her parents can file complaint.

However, if the sane turns out false, she or hher aprents can be punished for the same.


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