Venky V
in Criminal Law Family Law
Asked October 11, 2017

Domestic violence and divorce case

  • 2 Answers

I and my family are facing 498A, DV 125 (sec 3,4) cases from past 2 years. In 498A my parents got bail and my two brothers names deleted from FIR due to false sexual harassment allegation. I got 41A form from CI through mail because I'm an NRI. After that she files MC. But until now I haven't got any summons. Recently I came to know that she filed HMOP sec 9 (conjugal rights 9 months back). My question is as per police station iIm not absconder so can I travel to India and how x wife filed harassment cases and again rejoin petition at a time? Why court allow this kind of cases in India ? What is the best approach I need to do? Could you please give me some guidance. Thanks & Regards, Venkat

Answers 2

Yes, there appears no restriction on you travelling to India. What do you mean when you say "again rejoin petition at a time"? Could you detail what are the "kind of cases" you are referring to?

Agree Comment 0 Agrees almost 4 years ago

If the case has been registered it is advised that you safe guard your interest and hence apply for anticipatory bail before landing in India. Even if Red Corner notice or proceeding u/s. 82 & 83 Cr. P. C. is initiated, which are issued if an accused had not appeared despite due service of notice, against you even then you have no restriction to visit India. It is only in exceptional case that Government of India debar a particular person to visit India if the Govt. is of the opinion that the visit of such person may endanger the safety and security. By way of filing case your wife has levelled allegations of harassment etc. You may not that is is only court who adjudicate the veracity of a complaint. In your case it seems that the case filed by your wife is at investigation stage so safe guard your self before landing in India. You wife have also filed case u/s. 9 HMA seeking restitution. As such it is not barred in law but you shall have every right to refute her allegations and aslo to defend your case. Filing falsi case also amount to cruelty and so entitles you to file divorce petition. In case of need consult with details. Sidharth 9811776422

Agree Comment 0 Agrees almost 4 years ago

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