Legal Question in Criminal Law in India
Father fradulently suing me
I am a citizen of India but a permanent resident in the US. My Father claims that I borrowed 3 lakh rupees (US$7000) from him and hired a lawyer to sue me in an Indian court (in Trichy Tamil Nadu). I didn't borrow money from him. I could fight this in court but I can�t leave my job and family (I have 3 small children and wife in the US living with me) to go to India and fight this case. He threatened about the lawsuit through an email. After that I refused to accept registered letter from him and also from his lawyer. I thought he was just harassing me. But now I think that he is serious and some how managed to convince the attorney. He probably forged some document as evidence. I think he wants to harass me and disrupt my work and life here in the US. I can�t pay him, as this will encourage him to do more extortion. I think I haven't got a court summon yet. But I can't appear in any court in India at this time, as I am busy here with work and family.
Will you be able to advice me on this?
What are my options?
Thank you
4 Answers from Attorneys
Re: Father fradulently suing me
I wish to know the contents of your father's e.mail which will give me a clear picture of your father's intention and what basis he is raising the allegation against you, is there any document to prove his allegation. However, you may have to defend the issue by replying to the notices or mails otherwise your silence will tantamount to acceptance of your father's allegations.
Re: Father fradulently suing me
I firmly believe that you should reply to the letters and notices carefully because your father might use them against you. We can send the replies on your behalf if you want.
You have nothing much to worry as the false evidence created by your father will have a lot of errors and can never stand in court. Further you will not be required to be present in court. Your lawyer can with a power of attorney from you can defend you here.
Re: Father fradulently suing me
In a suit filed before Civil Court in India, personal presence of the party is not necessary. After service of summons, you may engage an Advocate and suitably instruct him/her to prepare necessary pleadings by way of Reply/Written Statement and same can be affirmed in US also and filed in India. You can also appoint some person in know of facts of the case as your attorney to represent you in the Court. In case you want to give your evidence (oral) in the Court, you may be required to come personally. However, that stage may come after couple of years only (considering present status of pending cases in Courts).
Re: Father fradulently suing me
You should reply to their notice through your attorney. It depends on several factors which documents your father has, like promisory note, or cheque or things like that. and wheather you were in India at that time or not.
Best wishes.
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