Legal Question in Family Law in India
I filed a 498-A case against my husband and his family in 2007. the criminal proceedings and NBW are pending against my husband. my husband lives in USA and he is not coming to india to face the trial.
he has filed for divorce in USA in jan 2009.As I do not have visa and money ,I could not contest the case in USA. Therefore I have filed a suit/petition in family court in india asking it to restrain my husband from marrying second time. the indian family court passped an interium injunction order restraining my husband marrying second time on 26 jun 2009. mean while the US court granted ex-parte divorce decree in divorce case ie on 3-jun 2009.
I have filed a civil suit challaging the divorce decree passed by US court in India.this suit proceedings are pending now.
Can I file a domestic violence case against my husband for the mental turchure I have faced and ask for damages? (pls keep in mind that my husband already got exparte divorce decree in USA)
do the indian court allow me to file domestic violence case after the US court divorce decree?
some one told me that I should not file DV case as the US court already granted ex-parte divorce decree to my husband. Pls let me know .
3 Answers from Attorneys
(1) You are entitled to initiate civil as well as criminal proceedings under DVA despite the US decree of divorce granted in his favour;
(2) Yes. The Indian court may not only accept your application under DVA but may also declare the US decree as "null and void" qua your matrimonial rights;
You may also file a DVA case in USA and may be entitled to U category visa for USA..
If you reach USA armed with the "look out notice" issued by Indian police or the NBW issued by the court, you may seek his repartiation to India for facing proceedings pending in courts there;
If he does not want to return to India, there may also be chances for a compromise in USA on respectable terms.
even though the decree of divorce is passed in his favour in US, still that decree is not valid here in india. he has to file a suit in india to get the same authenticated here. as far as legal remedies in india are concerned, you may resort to them and decree would not come in your way. you may initiate the complaint under DV act and seek appropriate remedies.
you can file case of DVA, coz divorce in foreing court is not valid till it is executed in India. Moreover court in india has already grant you stay on his second marriage, so go ahead dont worry.
U may also get U type viza and approach him. Else file case of DVA and 498 and get the arrest warrant and red carpet notice and police of USA will himself depute him back to India.
Good luck
Regards
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