Can RCR be filed in a foreign land
12-May-2023 (In Divorce Law)
Got married in July 16, my wife joined me at USA in Sept 16. She left me and came back to her parents in March 17, despite my repeated requests she is not coming back. Now she /her family are not responding to my phone calls. She told me that they are looking for divorce My query is whether they can file dowry harassment case against me and my parents. After my departure to USA she stayed with her parents, stayed with my parents for 4-5, days before joining at USA. If I file a casee of restitution of conjugal rights, whether she can file dowry harassment case. Whether my presence is required for filing. a case for restitution of conjugal rights, as it is not possible to visit India on every hearing
Dear client,
She definitely can file dowry, domestic violence, maintenance, criminal complaint against you and parents.
If you file RCR, you need not to attend every hearing, your counsel will take care of RCR case in your absence.
It is advisable to immediately file RCR to avoid involvement in any unwanted situation.
It is also advisable to you to consult some experienced lawyer and to explicate him/her complete facts and to take services of such advocate.
For further information/ clarification, you can call me.
Regards
She definitely can file dowry, domestic violence, maintenance, criminal complaint against you and parents.
If you file RCR, you need not to attend every hearing, your counsel will take care of RCR case in your absence.
It is advisable to immediately file RCR to avoid involvement in any unwanted situation.
It is also advisable to you to consult some experienced lawyer and to explicate him/her complete facts and to take services of such advocate.
For further information/ clarification, you can call me.
Regards
Dear Client
There is no bar on filing the case of dowry and harassment against your spouse if a case of restitiof conjugal Rights is pending. So she can file. Also for filing any civil case against your wife your presence is not mandatory and you can do that through advocate. You can discuss in detail over a call
There is no bar on filing the case of dowry and harassment against your spouse if a case of restitiof conjugal Rights is pending. So she can file. Also for filing any civil case against your wife your presence is not mandatory and you can do that through advocate. You can discuss in detail over a call
First of all she can file a complaint but court will see id the allegations are true or not and rest assured you don't have to cone on every hearing if you file a section9 petition ....restitution of conjugal rights is just for showing that you have good faith ....
You have asked multiple questions. I shall try to answer each one by one.
1. Can she file Dowry Harassment cases against you & your family members?
Answer : Yes she can file police complaint against you under provisions of 498A coupled with other sections. Complaint can be filed where she is currently residing in India.
2. IF you file RCR, then can she still file dowry harassment case?
Answer : Yes, She can. Your filing RCR will not place any bar on her making police complaint against you, or to file Complaints under domestic violence act for that matter, though later during the trial you may have advantage of filing RCR.
3. Whether physical presence is required for RCR.
Answer : Well Yes & No both. At the time of filing your presence is required. Later it depends on your lawyer how well he is able to manage. Someone like me may be able to tell you well in advance when your presence is indeed required in any RCR case, keeping that to minimum, and making sure that you may need to appear once in 3-4 months.
In the event you may have more questions you may contact me.
1. Can she file Dowry Harassment cases against you & your family members?
Answer : Yes she can file police complaint against you under provisions of 498A coupled with other sections. Complaint can be filed where she is currently residing in India.
2. IF you file RCR, then can she still file dowry harassment case?
Answer : Yes, She can. Your filing RCR will not place any bar on her making police complaint against you, or to file Complaints under domestic violence act for that matter, though later during the trial you may have advantage of filing RCR.
3. Whether physical presence is required for RCR.
Answer : Well Yes & No both. At the time of filing your presence is required. Later it depends on your lawyer how well he is able to manage. Someone like me may be able to tell you well in advance when your presence is indeed required in any RCR case, keeping that to minimum, and making sure that you may need to appear once in 3-4 months.
In the event you may have more questions you may contact me.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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