Legal Question in Family Law in India

Re: 498 query

You've got to be careful gentleman! Your understanding of the concept of marriage as is contemplated under the Hindu Marriage Act is not correct.

Re: 498 query

The complaint could have been lodged by wife udr section 498a she can visit her matrimonial home without any invitation but the case depends more upon the complaint they have lodged.

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Re: 498 query

I agree with the two opinions already recorded.

She is entitled to lodge a complaint u/s 498-A in which you may suffer a jail term. She is also entitled to initiate your prosecution under D.V.A. and is entitled to maintenance.

If she is in USA, she may seek cancellation of your visa. If she approaches ICE, they may even order your arrest on the basis of criminal case registered against you in India.

Your filing of divorce in USA may not hold any water. No divorce proceedings are maintainable in USA in the given situation. Even if you obtain divorce, that may have no legal force in India.

Instead of running away from reality, you may better make efforts for an amicable settlement.

Re: 498 query

Divorce and 498A IPC has no connection and are different proceedings

Re: 498 query

The complaint could have been lodged by wife. A hindu wife does not need invitation to go to her matrimonial home. If she went back to usa, which was her matrimonial home, she did not need invitation for that. 498a is relating to cruelty by husband or other relatives. If she has made out allegations of cruelty, then 498a will be made out. It will depend upon what complaint they have lodged. It is the allegations which need to be seen and not the facts which you know or giving.