Legal Question in Family Law in India

Re: 498A, DV act

HELLO.

GOOD AFTERNOON!

I am of the following opinion in lieu to your query:

1. No if she is a Indian citizen she cannot.

2. It cannot be sure it all depands on the person/s false information given to the police authorities.

3. There is no change in connection to 498-A.

4. I would advise you to obtain a divorce in USA as both of you are US citizens.

5. You should send all the facts and documents in written to your parents in India.

In case of need please contact personally alongwith the details.

OR

In case of further query mail me.

Re: 498A, DV act

1)Yes she can

2)you will have to apply for anticipatory bail

3)No amendments

4)Yes if both parties consent to US jurisdiction

5)As of now no need unless a case is filed.

Re: 498A, DV act

(1) If she is not an Indian citizen and is not "ordinarily" living in India; and IF the alleged acts of cruelty / domestic violence were not committed by you and your family in India, she may have NO locus standi to invoke jurisdiction of police / courts in India.

(2) Same as above. No, legal speaking, they should not UNLESS of course someone is acting with an ulterior motive and misusing his position OR acting on the basis of a false information given to the authorities by the complainant side;

(3) 498-A is the same and is punitive.

(4) If both of you are US citizens; and live in USA, you may obtain divorce in USA provided service of your petition / summons is effected on her.

(5) You may send all relevant documents of 'living together' in USA to your parents in India.