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Wife and her family harassing filed false DV case


23-Jan-2023 (In Divorce Law)

I live in US and I got married in India. My wife/her family has been harassing me to either leave my parents/do all assets in my wife’s name to continue marriage or divorce with lump sum alimony. When I didn't agree , she assaulted me,I have to move out the house. She hired a lawyer to intimidate me but could not succeed. Then she destroyed/stole all my personal property, and fled to India, I have filed a complaint of vandalism/assault here and CID is investigating. Now in India they have filed complaint in Women Cell In Delhi, my parents got a summon for me to appear.I cant go. Please advise.

Answers (3)

Answer #1
681 votes
Place an Exemption application stating reasons as to why you cant appear . Get someone to represent you.If the Women Cell feels that the Appearance is not being made purposely they will intitate proceedings and get the FIR registered against you.With the current facts before me i can only predict what will happen on the grounds of non -appearance and provided the your wife has sufficient material against you.
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Advocate Vibhor Gupta

Adv. Vibhor Gupta

LawRato Delhi | 5+ Answers
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Answer #2
630 votes
If summons have been received from the Women cell we must firstly give a reply to the same. Generally in such cases, the first step by the wife is to file a complaint in the women cell, then proceedings under the Domestic violence act and lastly Divorce proceedings. You can continue to reside in US and we can appear on your behalf. We have a few clients in similar situation as your where the husband is residing in the US and the wife is residing in India. Furthermore, i request you to immediately contact some lawyers in the US and file for divorce.
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Advocate Vanshdeep Dalmia

Adv. Vanshdeep Dalmia

LawRatoDelhi | 5+ Answers
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Answer #3
735 votes
The Summons are issued to you for appearance as the matter will be in mediation stage . if you are unable to appear please take the help of some lawyer to appear on your behalf put an exemption and get fresh date for you by putting your defense nicely . if you don't do this a case will be registered against you taking granted all allegations true due to your non appearance . if you want me to do it then you may call me .
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Advocate Avdesh Chaudhary

Adv. Avdesh Chaudhary

LawRatoNoida | 25+ Answers
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