Legal Question in Family Law in India

498A, DV, Divorce

I married in 1999 while on H1-B visa and brought my wife on H4. We married in court and both are hindus.

Now we are naturalized US citizens and are at present living in Neveda.

My in-laws (Indians living in NCR) have filed a complaint against my parents (Indians living in NCR) that my parents instigate me to harrass my wife. I believe if I file for a divorce here in US, my in-laws may file 498a, and DV charges.

My question is there any verdict that says that complaint that my in-laws filed against my parents is invalid or wasting Indian tax payers money since both I and my wife are US citizens now.

Can my in-laws file 498a and DV against me and my parents?


Asked on 4/14/09, 6:09 pm

5 Answers from Attorneys

Lawbird in Delhi Taneja Law Office

Re: 498A, DV, Divorce

Yes!

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Answered on 4/14/09, 9:24 pm

Re: 498A, DV, Divorce

Your in-laws can not file complaint u/s.498- A and if they had filed the same then the same is not maintainable.You are required to adopt legal recourses to protect your parents. You may contact personally for any further assistance,professional charges are applicable.

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Answered on 4/17/09, 8:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498A, DV, Divorce

This is the second time you are asking same very question.

As already answered, if you both are US citizens, the courts/police in India is not likely to entertain any complaint about the marriage more particularly by her parents against your parents.

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Answered on 4/15/09, 3:11 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 498A, DV, Divorce

Hello

Good Afternoon!

Yes they can file a case u/s 498a and DV case.

In case of need please contact personally alongwith the details.

OR

For further queries please mail.

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Answered on 4/15/09, 3:17 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498A, DV, Divorce

yes they can file

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Answered on 4/15/09, 8:10 am


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