Legal Question in Family Law in India
information require
I am hindu guy got married under special marriage act in 2005 as per social ceremony.I live in US.My wife used to stay with me here.But few months back due to severe quarell she went back to India.She tried to reconcile via email.But i didnot reply back.She even asked me to send her money as she is not working.But i didnot sent her money.She has filed maintenence under sec 125 Crpc.Next hearing date is in 8 th of dec this year.
Recently my wife has emailed me many timed that she is returning here.She asked me whether i have change my residence or have any plan to visit india to attend hearing or not.If i will not answere back then she will assume that i am not visiting india and she will come here that time.I didn't reply her back.But i have plan of visiting india that time.If after visiting US she comes to know that i have gone to India can she lodge any complain against me that i didn't inform her?In such case can i defend myself by saying that i didn't check my email.So i had no clue she was coming here? I don't want to answere her.In such case how will i defend myself.I didn't ask her to come back so i don't care if she will be in trouble.I just want to defend myself.Plz let me know as i have not contacted any lawyer .
6 Answers from Attorneys
Re: information require
Your statement is incomplete on several counts :
(a) You have not disclosed your status in USA - visitor, temporary worker, PR, citizen ??
(b) You have not disclosed your income; and the demand made by your wife ?
(c) Has she also filed a case against you u/s 498-A IPC and/or DVA ?
In my opinion, you should open communication channel with your wife, speak with her, try to compromise the matter by reaching an amicable settlement. For further discussion, you are welcome to speak with me on phone after 7 pm my time (NC, USA).
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While coming to india you may email her about your visit.
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she cannot lodge any complaint against you only because you did not inform her that you came to india. But she can always file other cases to trouble you when you come . further if you have recieve notice of the case then itis better you are represented by a lawyer
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You may contact a local lawyer with all the details and facts.
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In view of complicated nature of your case and also lot of expectations from your side, it is better you contact lawyer with full fact of the case to defend yourself as per your EXPECTATIONS
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it is all the more advisable, in ur situation to contact a lawyer as she may be ill advised anytime to file a false complaint for dowry harassment or domestic violence complaint. you need to be legally represented so that your interest is not compromised at any level. better get in touch with a lawyer right away....where is the girl putting up.
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