Legal Question in Family Law in India

I got married in 2008. My wife came to live with me in the US.Everything was fine between us (we even returned to India to visit her family etc. couple of times since we got maried.) until my in laws came to visit us. They creates a ruckus over a small issue and took my wife forcefully back to India. They made her make the allegations of the violence against her and I was taken by the police. I am dealing with the case she has filed over here. Now I think she is in India and I have had no contact with her. What should I do to protect myself from the false cases that I hear about are prevailing in India nowadays. Can she file a complaint/case against me in India? I need help as I need peace in my life. Thanks


Asked on 9/01/09, 1:45 pm

8 Answers from Attorneys

Plz tell me your wifes location, mean where she reside and where she file this case. Your case can be finish with in few days/months through High court.

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Answered on 9/01/09, 1:59 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There are no FALSE CASES registered in India. The police makes proper verification before taking any action against the accused persons. The legal process in India follows the "due process of law" principles followed in USA.

You may make efforts for an amicable out of court settlement and try avoiding litigation.

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Answered on 9/01/09, 3:32 pm
Prabhat Shroff Shroff & Company

Your wife may initiate actions against you, in India, under section 498A of IPC, which, more or less, is a summary procedure giving wide powers of arrest etc to police authorities.

The best way to protect yourself is, firstly, file a divorce proceedings against her in the Indian courts, and also apply for a obtain an anticipatory bail.

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Answered on 9/02/09, 1:10 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as you want peace of mind, you need to hire a lawyer in india and need to send a duly notarized power of attorney in his favour so that he takes care of your legal interests in your absence. it would be the duty of the lawyer to tie up with the local police station and women cell so that he gets the information when the false case is lodged. he also needs to file caveats on your behalf so that in case she initiates any action, your lawyer in india is duly informed. in case you are able to find a good lawyer and able to coordinate with him in india, there s nothing that can trouble you in future. false cases would either be dismissed or quashed.

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Answered on 9/02/09, 1:46 am
ujwala mandgi anantmandgi&associates

On the basis of the harrasment you have undergone you can file for divorce on the grounds of cruelty and mental harrasement in the family courts in India. You can also file for an anticipatory bail as there are chances that your wife will try to file a dowry harrasement case aginst you.

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Answered on 9/02/09, 4:19 am
ujwala mandgi anantmandgi&associates

On the basis of the harrasment you have undergone you can file for divorce on the grounds of cruelty and mental harrasement in the family courts in India. You can also file for an anticipatory bail as there are chances that your wife will try to file a dowry harrasement case aginst you.

Read more
Answered on 9/02/09, 4:19 am
ujwala mandgi anantmandgi&associates

On the basis of the harrasment you have undergone you can file for divorce on the grounds of cruelty and mental harrasement in the family courts in India. You can also file for an anticipatory bail as there are chances that your wife will try to file a dowry harrasement case aginst you.

Read more
Answered on 9/02/09, 4:19 am
ujwala mandgi anantmandgi&associates

On the basis of the harrasment you have undergone you can file for divorce on the grounds of cruelty and mental harrasement in the family courts in India. You can also file for an anticipatory bail as there are chances that your wife will try to file a dowry harrasement case aginst you.

Read more
Answered on 9/02/09, 4:19 am


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