Wife filed false dv case in usa can she file case back in in

The DV case filed in USA by your wife is resulted in your favor. Take all the certified copies from US court in DV case and be prepare to take further steps against your wife, if she is going to take further action against you in India be ready to face the other cases.

MANOJ

 

Things have changed in India and now Police is not registering any 498A IPC case nor arresting the accused persons just on the complaint of the wife but they under the instruction of the Supreme Court of India are supposed to refer the matter to committee of responsible members of society who shall check and mediate the matter between the parties, try to sort out matrimonial dispute and resolve it. It only after they make report about the matter to be sent for prosecution, the arrest takes place of the accused.

The mediation process for such matrimonial crimes has been in for such cases being strictly followed by the courts as well police department for some time, so you need not worry about it.

As far the demand of the wife for maintenance from the husband is concerned, that she can claim and get if she has no income or sources to maintain herself.

As far DV complaint is concerned that too, the wife can file and claim, maintenance for herself, residence order for herself and protection order for herself from the husband if there has been any act of domestic violence committed against her by the husband and she has no means to maintain herself or place to live. In these cases to the wife has to show and prove a lot, her medical report to show physical and mental injuries caused by the husband etc. Eye witnesses to prove acts of domestic violence committed by the husband etc. All these too fail and such DV cases ultimately fail. No punishment under the Act for domestic violence at first instance.

Divorce is the relief the husband can seek and get from the court on the basis of cruelty of the wife and on other provided grounds, but that too has to be proved by sufficient evidence by the husband.

The Divorce by Mutual Consent sought jointly by both parties ultimately results by the husband paying huge sum as permanent alimony and maintenance to wife, here the amount to be given need to be settled between parties first before moving the MCD.

1: I am still in USA , how can she file 498A,DV case again back in India , ? as she filed DV case here in USA.
2: she has not filed any complaint in India and no medical certificate issued , 
3: I was just 8 days in India after marriage .
4: she was hardly few days in my house out of 120days . I have sms proof that she telling she cannot go to my house . 
I have kept all things infront of you sir, if you were her lawyer how and what would you suggest her as next step?

she can file 498A case, it is not bar when she files DV case which is decreed in exparty, she direct the US Ambassay to serve notice to you, and also she can file Maintenance Case against you through process of court summons will be served to you by Registered Post or other process. She will make US Ambassay as a party to maintenance case and she will ask the US Ambassay to serve the notice to the extent. she will make the US Embassay to the extent for serving the summons or she can ask the court to direct the US Embassay to serve the notice. For argument sake even she has a right to setaside the exparty DV case in US court as she went to INDIA my advocate did not inform the adjournment by changing the advocate kindly give me opportunity to contest the DV case.

Filing s 498a IPC complaint, DV complaint even if you're in USA is possible as many such cases I have handled, although those complaints ultimately failed that's another matter. What happened in US court for DV case is your defense that by itself won't prevent her to file these fancy cases here in USA. My clients sitting in US and other countries ask me same question number of times keeping in mind US and other countries legal system, but reply is same which I told you. As far what I would have done as her lawyer I would have insisted maintenance for her if she had no income or source of maintenance. I would have worked out divorce for her on mutual consent by settling permanent alimony and maintenance. I never suggest all those false criminal charges which cannot be proved. For more paid case discuss: vijaymahajan5758@gmail.com

She can file any case that she wants but whether she will get the relief is another question.  From the facts you have narrated, the chances of her getting relief is highly improbable.  I would advise you to use the dismissal of her US DV case as a defence against any procedding initiated by her in India.   

Your best defense will be that she has filed the DV case one year after separation... so it appears in your case. If so, get it dismissed on this ground alone without complicating the case further. Another issue is whether there was a Domestic Relationship between the two of you.  You can claim that you never lived together but were always living in hotel or honeymooning... Complex argument but can also be tried if you did not spend much time together.  DV requires domestic relationship not marriage alone. In other words, if you were married but did not have a domestic relationship in terms of sharing a household, DV will not apply.  If its any consolation, 90% of DV cases are thrown out or so I am told. 

@Samir  , she dint file DV case after 1 yrs , she filed DV case in USA and its dismissed , I need to know what best I can do to get divorce in back in india , we got married on march 2017 . and considering she is educated b.e in computers and young age and does not have job . i was unemployed at time of marriage and came to USA , we dint ask any dowry cash nor gold nothing , we did all marriage with valid transactions and have bank statement for all . considering all this . can they file dowry case just to harras us ? . will the court or police accept it ? . she is not even in my house and staying in her house . she dint file any DV case in india might be due to no evidence , and based on US DV case can she file again DV case back in India ? . 

after marriage one minute is enough for your wife to file a suit against you for dowry harrasment

manoj

advocate

8686159292

Let one thing be clear. She can file any case on any basis at any time, true or false.  Unfortunately in India it is only now that false cases can result in defendants seeking compensation. Unfortunately you will lose time and money in the mean time.

So, if she has filed cases, you just need to let them go through the system through the normal course. Do not get disturbed. Hire a good advocate and let him pursue them. Make sure that you have someone from your family/friend be present during COurt hearings in India.  Be patient. You have nothing to lose. Be impatient and nervous, you have a LOT to lose. If you have not wronged her, nothing to worry.  Judges know that most cases are false.