Legal Question in Family Law in India
I was a working women.I am in India now.Due to my husband and his family harassment I lost my job.I have filed a 498-a case on my husband and his parents.I have filed maintainance case. But he refused the court summons and the court passed exparte order against my husband who lives in USA. But he is not providing maintainace to me and my kid. mean while my husband filed Divorce in USA .As I dont have visa and job, I could not contest the case.So US court passed exparte divorce decree to my husband. I already informed the US court and my husband that I do not have visa and money to represent my self in USA court. But no use.
in 498-a cases, these days the interpol is not publishing red corner notices .Because in USA, There are no more 498-a sections or cases.Thats why interpol is refusing to publish red corner notice on 498-a cases. But the interpol publish red notices on domestic violence cases.
when I ask few lawyesrs , they said we can not file DV and 498-a cases.we can file either DV case or 498-a case only.
1) Can I file Domestic violence case against my husband and his parents and ask for damages?.
2) Can I file the DV case in family court?
3)Can a person file both 498-a and Domestic violence ? pls advise me?
1 Answer from Attorneys
1. Yes.
2. Yes.
3. Yes.
The proceedings under DVA may be instituted in two different ways - main proceedings under the Act; or by way of anciliary proceedings in any other pending proceedings.
You may institute maintenance proceedings and in those proceedings you may file a Misc. Application invoking powers of the court under D.V.A.
You may also be entitled to US visa under a special category for victims of Domestic Violence.
The US court divorce is not binding in India. You may also consider instituting civil proceedings seeking a declaration that the divorce decree passed by US court is null and void and not binding on your rights and entitlements as a wife and his responsibilities and liabilities as a husband.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
