Legal Question in Family Law in India

The answers to your queries are here in below :-

1) It depends on the allegation(s) leveled against you and your family by your wife in her FIR and the capability of your lawyer to defend you and your family in the court. The case is between the state and you and your family who are accused in the case and not between you and your wife. She at best is one of the crucial witness to substantiate her allegation(s) against you during the evidence stage.

2) Yes.

3) Yes but it would be difficult to get the order service on your wife as she has gone back to USA.

Now where was the marriage solemnized ? India or USA ? What are the allegation(s) against you and your family in the FIR with regard to dowry etc ? Are you working in USA or India now ? Is your wife working in USA ? Who all are there in your family to take care of your disabled child ?Please get back with these answers .

even if you are able to get the custody orders in india, the same may not be enforced in US as their laws regarding custody are different that our. it is better if you go back to US and file for custody there. you may get 50% custody of the kids and at the same time, you may hire a lawyer in India to defend you in 498a and 406 cases. once you submit yourself to the jurisdiction of US, your lawyer here may file a petition for quashing of f.i.r. on the basis of non availability of the complainant along with other grounds.

Yes the Court can acquit you from the charges if your wife doesn't appear.

Yes you can can Ex-parte divorce

Yes you can get Ex-parte custody orders if your wife dont appear. (But all the necessary formalities are needed to be fulfilled.

Yes you can but for that after getting the Ex-parte orders you again require to approach the U.S. Courts for their execution through U.S. Courts.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW