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Javed (CA)     19 October 2012

Query regarding 498a and dv

* For filing 498a and DV do the girls family have to pay lawyers fees or its free of cost for them as its a state case ?

* If the husband is a US national and having no one in India then what's the result of filing 498a and DV if no one respond to the summons and warrants.How long can the girls family run these cases and can the girl ever get married again till the case running in court ?



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 5 Replies

Rahul Kapoor (Legal Enthusiast)     19 October 2012

your case will be against state..

if there is no one in India then against whom they will file the case ?

MADURAI LAWYER (LEGAL CONSULTANT)     19 October 2012

Dear Sir,

Wife can  lodge a complaint with  Police Station and State will handle that case. Wife doesn't have to engage an advocate unless she files a private complaint against the husband.

 

If nobody from husband's  side is in India, an arrest warrant can be executed through Indian Embassy  in U.S. However, such course of action will not be adopted just like that in matrimonial matters.

Wife cannot get married unless she obtains divorce from her husband before a competent Court of law.

For any clarification, you can speak to me on 9842197857 after 6 p.m.( Indian Time)

 

https://jeevaganadvocate.com/contact.php.

stanley (Freedom)     19 October 2012

DV is not a state case .Dv is for a protection order . 498  A is a state case .For filing the above cases your conscience should be clear . Has DV really taken place or harassment for Dowry has taken place .If the husband is a US national filing the above ( False) cases is of no use . 

In the first place your path is not clear as to what exactly you want . If the girls family wants divorce . File a case for Divorce and get an ex-parte order thats it why are you hitting around the bush .

Never Give Up (Fighter)     19 October 2012

Stanely,

 

If divorce case goes exparty against husband then wife would get alimony which she claimed in the petition and that would be def. huge..Isnt it ?

stanley (Freedom)     19 October 2012

Ex-parte order is given when the wife is not responding /appearing  . Alimony would depend upon several factors if she is working  and is self sufficient she wont get even though she may claim the same in her petition .


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