Legal Question in Family Law in India

more details to my question..........
Hi, I am a NRI. I am an indian citizen, got married in India as per hindu marraige act and customs. i am having US work permit and have been working in US. my wife filed a false 498a case against me in india.the indian court issued NBW against me. NBW is pending against me.as I am not coming to India to face the trail, the magistrate directed the passport officer to impound the passport. the passport officer impounded my passport. as i am going to get USA green card in one year, I am not bothering about passport impounding.any how the interpol is not issueing red corner notices based on 498a cases these days. this case is pending in indian court since 2 years. I have some property in india on my name. I have no plans to come to India. as it is a false 498 a case, i do not want to spoil my life by coming to india and face the trail.
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I spoke to 5 lawyers in India regarding this issue. all are suggeted me to ignore everything. Live permanantly in USA. So I am not botherining about this false 498a case..
Sry to bug you again.
I did not understand your reply for the below question..
As I am willfully avoiding the indian court proceedings and intentionally delaying the case for years together, I heared that my wife is going to file suit against me in the court asking for 50 lacs rupess for intentionally delaying the court proceedings . (I am unable to express the exact words. getting the justice quickly is every man right. as I am willfully and intentionally avoiding the court proceedings, she is going to file damages/compensation from me for my intentionaaly delay)
I even discussed this issue with the lawyers in India. they said The indian law does not allow such type of cases. There are no sections in Indian law to claim such type of damages from the accussed who intentionally avoid and delay court proceedings.
I am really getting confused.
in this case,:----------------------------------------------------------------------------------------
UNDER WHAT SECTION IN INDIAN LAW ALLOWES MY WIFE TO FILE/CLAIM DAMAGES FROM ME FOR INTENTIONALLY AVODING AND DELAYING THE INDIAN COURT PROCEEDINGS?
Kindly let me know. I would really thankful to you.

Asked on 9/28/09, 1:33 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you wife cannot seek such damages for avoiding or delaying the judicial process as the courts are there to initiate the action suo motu in this regard. you wife can file an application u/s 25 of Hindu Marriage Act for grant of permanent alimony and she may claim any amount as per your living standards and in case she is able to prove that earn well, the court may even grant 50 Lacs to her as you are not defending your case and cooling your heels out there in US. you WILL HAVE TO defend your cases in india through a lawyer otherwise you will not even get a chance to challenge the ex parte orders issued against you. your wife may also claim such compensation under Domestic Violence Act as there are specific provision regarding that. the lawyers who suggesting you to relax, kindly confron them with above provision mentioned by me. try not to dig your own grave and defend the cases.

Answered on 9/28/09, 1:39 pm

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