Legal Question in Family Law in India
I was a working women.I am in India since 2 years and not working.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 in 2007.As my husband live in USA, The criminal proceedings and NBW is pending against him since 2 years in Indian court. few months ago,I have filed maintainance case. But he refused the court summons in maintainance case .Therefore the court passed exparte order in maintainance case 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.
still the criminal proceedings and NBW is pending in 498-a case.
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. So my husbnad does not come to india. But the interpol publish red notices on domestic violence cases.
I would like to file domestic violence case against my husband and his parents and ask for damages.
when I ask few lawyesrs , they said we can not file both 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?
4 Answers 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.
yes,
you can file a main case under DV act only before the magistarte but if there are any legal proceeding pending in the family court yo can file applicaiton under Dv act in that also.
you can get declation that that divorce decree of us court isnull and void
you can file the complaint under domestic violence act even though your complaint u/s 498a is pending but the same cannot be filed before the family court and you will have to approach either the protection officer of your area duly appointed by ministry of social justice and welfare or you need to approach a lawyer and file a complaint under domestic violence act. you can implead only male members of family of your husband and you need to specifically allege that how the brother or father of your husband caused physical or mental hardship for you.
domestic violence complaint is a good remedy in case pursued property. the same needs to be disposed by the judge within 60 days.
you can file the complaint under domestic violence act even though your complaint u/s 498a is pending but the same cannot be filed before the family court and you will have to approach either the protection officer of your area duly appointed by ministry of social justice and welfare or you need to approach a lawyer and file a complaint under domestic violence act. you can implead only male members of family of your husband and you need to specifically allege that how the brother or father of your husband caused physical or mental hardship for you.
domestic violence complaint is a good remedy in case pursued property. the same needs to be disposed by the judge within 60 days.
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