Can my wife NRI go and file case in India what do I have to do then

533 votes

From what you have described above, whereas she can technically file cases in India at the city where you got married in, its likely that the case won't get much traction as your matrimonial residence has been in the US and you have not lived together as husband and wife in the Indian jurisdiction. However, depending on which state you are in in the US, it is advisable to a) file a police report locally, b) consult a local lawyer so that you initiate a case before she does in India (this may affect her ability to work in the US) and c) proceed towards an amicable divorce where your matrimonial assets would be split. If you are residing in the State of New York, I may be able to help you further. For more info, please get in touch directly.

Advocate Anirban Sen LawRato

554 votes

Yes she can file civil as criminal case against you and your family . It will be difficult for her to prove cruelty against your family if she does not have specific charges .do you have a child or children ...depends as you have not disclose the full story ....but after coming to New Delhi she can file number of cases against you as provided in law.

Advocate Rajive Maini LawRato

642 votes

Since your marriage was held in India and you continue to be citizens of India with all probability she may file a Domestic Violence case and even dowry harassment. Indian courts are competent to entertain her plea but only you may have to face them since you two have lived alone as couple in USA and none of your family members could be involved in her proceedings practically since they were staying apart from you both. But she may rope in your parents and your siblings in to the legal proceedings to harass you. Her parents can not file it on her behalf since she is the affected party but she can travel to India and file the complaints and can give power of attorney in favor of her father/mother to fight the case in India. The court notice will be sent to you in USA through Conuslate General of India in USA. so be ready if you feel that she is going to file any such case/complaint in India. But my best advice would be better talk openly from your heart and have a open discussion with her and even if you guys want to depart do that gently because court proceedings are long and painful at times. I feel such matrimonial differences are becoming common since we live far away from our family and friends and at times no one is there to guide us. After all you guys shared all together so take some time and try to have open minded talk and do things gently together. Keep your childrens future in your mind as well. Good luck.

Advocate S. Sethu Mahendran LawRato