Legal Question in Criminal Law in India

Dv case

We got married in India under HMA.Currently i am in USA on H1.Recently i have filed for divorce here in USA on the ground of irreconcilable differences which is an uncontestant and nofault divorce.My question is can my wife file either 498a or DV case against me in India on this ground?


Asked on 2/01/09, 3:46 am

6 Answers from Attorneys
pramod kumarojha advocatepramodkumarojha

Re: Dv case

yes.

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Answered on 2/01/09, 10:03 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Dv case

Yes.

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Answered on 2/06/09, 4:41 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Dv case

Yes, she may be entitled to seek your criminal prosecution under 498-A IPC as also under DVA because H-1 visitor is legally a temporary visitor to USA having to right to invoke family law jurisdiction. The 'no fault divorce' is available only if both the parties are US citizens and/or if the marriage was solemnized in USA or as per local laws of USA.

Since in your case the marriage was solemnized in India under HMA, you are entitled to seek divorce from USA court. The divorce decree, if passed by USA court, will be a nullity in India and amounts to fraud. Your wife is entitled to make a complaint of cruelty on this ground.

Your wife may also file a case of cruelty against you in USA and seek your arrest through ICE thereby deporting you back to India debarring you permanently from entering USA.

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Answered on 2/01/09, 10:01 pm
Ankur Mittal MITAL & MITAL Advocates

Re: Dv case

yes. she can.

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Answered on 2/02/09, 1:47 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Dv case

No.

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Answered on 2/09/09, 3:27 am
Lawbird in Delhi Taneja Law Office

Re: Dv case

Yes!

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Answered on 2/01/09, 4:55 am


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