Legal Question in Family Law in India
Hi, I am an NRI. my visa status is H1B.we are hindus and got married in india as per HMA. I have obtained ex-parte divorce from london court 3 months ago. she did not contest the divorce case as she does not have visa and money .she already filed 498a case against me in india 2 years ago. but I am not going to india to face the trail in 498a case. now my wife filed domestic violence case against me in india recently.she mentioned in her DV case that she was harrased both physically and mentally by me earlier and she was mentionally torchered by me due to divorce case. she filed the DV case under sections 12, 18,19,20,22,23. she is asking the following reliefs in DV case.
1) take action against me for the harassement 2) she is asking me to come to India for counselling 3) she is also asking me to provide visa to her and the kid to join me.
In this case , i have few questions
in this case , my appearance/presence is neccessary in the indian court?
what if I dont agree to come to india for counselling?
what if I do not agree to provide visa to my wife and the kid?
generally ,In what scenarioes does the court ask me to personally appear before the court in DV cases?
when I approached a lawyer in UK(indian based one) , he did not tell me more.
Pls let me know. thanks in advance.
3 Answers from Attorneys
Your divorce validity need to be checked by reading your petition and the divorce decree.
Usually DV case proceedings are conciliatory. However, there could be warrant for your arrest u/s 498 A IPC, in such an event, your employment may be affected.
In such cases it is better to appoint mediator and for talks and settlement of issues either by rejoining or by compensation
You can mail me for any services:
Mr. Seshadri Srinivasan
Advocate.
www.lawconcern.com
emails; [email protected]
even though you have obtained divorce from london courts, still the same is not valid in india and you need to file a suit for getting the same accepted in indian courts. secondly, you must not come to india as there is a possibility of Non Bailable Warrants against you. you must immediately hire a lawyer in india and get the warrants cancelled. the lawyer would also appear on your behalf in DV case and file your reply. after getting the NBWs cancelled issued in 498a case, the lawyer should seek anticipatory bail on your behalf.
contacting a lawyer in india is the need of the hour.
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