urgent reply needed

@ Author

When you say and I quote you "We are still living together and I have not told her that I want to separate" then suggested to use the local Courts Jurisdiction to invoke Domestic Violence and seek local remedy why turn to Indian courts for the same since you are living together with here as you say!


For your main que. the answer is yes. But for the same she has to make a visit to India to file Complain before either a Jurisdiction Police Station and / or before CAW Cell and or directly before Jurisdiction Indian Court. Her parents can't file 498a IPC against you all though any one of your In- Laws family / relative can file Indian version of Bharat Ratna Domestic Violence Act imported from USA upon you all. Understand this minute difference first.

@ Tajobsindia Thanks for your response. Much appreciated but due to my limited knowledge of the law I am kind of not clear on the advice .

We are living together in Middle East but I was told a legal divorce can only happen in India. But the point being the moment I would tell her that I need seperation, she would return to India to her parents and then they can simply file a 498A against my parents and myself. I also read somewhere that if the Husband and wife are living abroad, hence case cannot be registered against the family of the guy as they have no say in the couples day to day life.

Also can a recorded conversation between the husband and wife be acceptable as a proof in court in which the girl acknowledges that no violence or dowry demands were ever made by the husband of his family?

"one of your In- Laws family / relative can file Indian version of Bharat Ratna Domestic Violence Act imported from USA upon you all."

Does that mean that there is a section under which I can implicate the girl as a pre emptive measure so that she cannot file a 498A against me

I know I may sound naive or confused but then its not everyday a guy faces such a thing.

We are living together in Middle East but I was told a legal divorce can only happen in India.
Take: You were told right via legal advise you have taken.


But the point being the moment I would tell her that I need seperation, she would return to India to her parents and then they can simply file a 498A against my parents and myself.
Take: You are best judge of your internal situation. No legal advise follows until and unless she and her side acts upon it. 


I also read somewhere that if the Husband and wife are living abroad, hence case cannot be registered against the family of the guy as they have no say in the couples day to day life.
Take: Under DV Act her father / mother / brother on her behalf can file Domestic Violence case against you and your family. For filign divorce, S. 498a IPC and S. 125 CrPC she has to be for one day physically present here in Indian Court.


Also can a recorded conversation between the husband and wife be acceptable as a proof in court in which the girl acknowledges that no violence or dowry demands were ever made by the husband of his family?
Take: Yes, under family matters recorded conversation have been used / tried in Court of law including SC and various HC's but for the acceptance due process of Indian Evidence Act needs to be followed by your legal pleader.


"one of your In- Laws family / relative can file Indian version of Bharat Ratna Domestic Violence Act imported from USA upon you all." Does that mean that there is a section under which I can implicate the girl as a pre emptive measure so that she cannot file a 498A against me I know I may sound naive or confused but then its not everyday a guy faces such a thing.
Take: For Indian husband he can't use S. 498a / S. 406 IPC, S. 3/4 Dowry prohibition Act, S. 125 CrPC, DV Act any of its sections against his wife. Only pre-precautions you can take is to record all her conversations, record videos and maintain her well even beyond your means till she does not file a case against you and yoru family. That is what gender biased Laws of the land gives as relief to Indian husband. For rest you need to consult in-chamber with a Advocate and there is nothign called pre-emptive and if UAE / guld Domestic Violence Laws allows you to proceed under Domestic Violence act against your cohibiting wife in that country then only you can use the term pre-emptive.


No need to apologise being layman etc., your situation is very common to any other tom and harry Indian husband which we face day in - day out in Indian Courts defending their best interest.