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Wife files false domestic violence, fleds to India and demands Property

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  • Neo
    Junior Member
    • Jul 2016
    • 1

    Wife files false domestic violence, fleds to India and demands Property

    I am on H1B visa and my wife on H4. A week back she called 911 and filed a false domestic violence complaint against me and she was taken to a shelter by the cops. From the shelter, not sure how, she got her tickets for India and fled. All these 4-5 days, I was worriedly searching for her here in USA. Once she landed in India, next day she went to my family and is demanding that they let her stay in my flat in my hometown in India. She is saying, she wants to do job in that city only and hence she wants the flat keys. Her parents do not want to keep her at their place, as people will start asking why she came back. But her parents are big time liars and have threatened me in the past. While escaping from USA, she told the cops she wants a divorce.

    I am very sure, she wants to occupy my flat first and then she will start making all types of demands. She might even file for a domestic violence case in India or maybe a 498a as well. Please let me know what are my options in terms of below,

    1] Should I simply refuse her any stay in my flat in India, as she firstly filed a false DV complaint against me here in US, and she did not even tell me where she is going. I have lost all trust in her as well as the relationship. Can she file a DV/498a/divorce case in India and demand my property and will the court give my property to her if I don't respond to any complaints she files? She is a working girl, and I can prove that to the court.

    2] If she files any DV case in India, I will be appointing a lawyer in India to fight for it. I have not done anything wrong, so do not want to succumb to her tactics of getting a free property, which I have earned by my own hard work. If i fail to appear in court, will the court give away my properties to her?

    3] Can I get anticipatory bail for my family, as mostly, filing 498a will be her last option to harass me and my family. What else I should do to protect my family from ordeal?
  • AFFA
    Top Level Member
    ☆☆☆☆☆☆☆☆☆☆☆☆
    • Dec 2009
    • 23890

    #2
    Re: Wife files false domestic violence, fleds to India and demands Property

    I wish to inform you that the US embassy/consulate in India maintains a list of lawyers who may be contacted by you for guidance. Further, as an Indian citizen and passport holder, you are subject to Indian laws all over the world. Regarding false case to be registered by your wife against you and your family members, you all may file an application for anticipatory bail. Before registering any case under 498A, the Supreme Court of India has passed an Order that the local law enforcement will first make an investigation of the allegations.

    AFF

    Comment

    • Disagreeable
      Top Level Member
      ☆☆☆☆☆☆☆☆☆☆☆☆
      • Oct 2012
      • 15549
      • United States

      #3
      Re: Wife files false domestic violence, fleds to India and demands Property

      First you need a lawyer to deal with the false charges. They will likely get kicked for lack of a witness who fled to avoid being questioned. I would not allow her access to any of your assets and would change your banking accounts etc also.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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