Saturday, August 7, 2010

Can a husband who is under green card processing escape from domestic violence case filed by his wife in india?

Can a husband who is under green card processing escape from domestic violence case filed by his wife in india?Can a husband who is under green card processing escape from domestic violence case filed by his wife in india?
The very fact a Husband whether Citizen of India or seeking Permanent Residency/Citizenship of another country or Citizen of another country has married in India with Indian wife can face any matrimonial complaint under any provision of Indian Law including one under the Protection of Women against the Domestic Violence Act (D.V.Act) in the Indian court %26amp; will be bound by the Indian Court's order. Now how the order of Indian Court will be implemented on him depends his present citizen status. As an Indian citizen he can be brought to India through legal process %26amp; has to follow the courts order/sentence as the case may be. As a citizen of a foreign country his country can be requested to hand over the person to Indian authorities which again depends on the legal process %26amp; understanding between the two countries in such cases, the foreign country can always refuse to handover its citizen to Indian authorities %26amp; this the reason the all the person of Indian origin but now having citizenship of foreign country hardly bother about the Indian law %26amp; legal system. These guys take things smoothly as far Indian court's orders are concerned, they not only avoid the cases/complaints filed against them Indian courts till they have of suffer losses which even a foreign citizen they will not be able to protect such as 'custody of child' if handed over to Indian spouse by Indian court for which they cannot get protection of their own country's legal process/courts. Usually these foreigners enjoy being part of such forum wherein such issues involving Indian as well foreigner citizens are involved specially the one relating to Marriage %26amp; Divorce knowing fully well how safe they sit after marrying Indian female in India according to Indian Matrimonial Laws %26amp; then throwing these poor females out as used condoms to suffer rest of their life. There are another group of Indian people who marry off their children to foreigner of Indian origin to settle their children out of India whereas their children can settle down in India in a better manner but that cannot change the mentality of these guys. Once their daughter suffer from the hand of her foreigner husband then all sort of criminal complaints ranging from Dowry Demand Dowry Prohibition Act) to Cruelty (498A IPC) to Domestic Violence(D.V.Act) came into play. For India Husband trying to settle out in another country the problems still remains till he is Indian Citizen (not giving citizenship of foreign country) but for already foreigner husband this problem is drastically reduces as mentioned above. You are in this category of husbands so you have to listen to all the music %26amp; may even refused the citizen status/green card if the foreign immigration authorities are satisfied that criminal matter is pending against you or has been decided against you %26amp; found your guilty for the offence complained therein. Although as you must have seen the police inquiry report sought for all these process of immigration from the age of 16years till date is to confirm the criminal record of the applicant, %26amp; the pendency of criminal matter in the court cannot be taken lightly while the immigration process is in progress. Most Indian guys take this issue too lightly thinking as advised by their foreign counsels/lawyers to keep cool as this matter may not be considered in their immigration process is wrong, the record concerning the criminal activity includes each %26amp; every aspect from past till date, whether decided by the competent court of law in India or outside or still being prosecuted by the authorities. There is no escape for you %26amp; be careful while dealing this matter. I always advice to settle these matters amicably offer good amount to settle it out of court but the miser mentality of few make them suffer for years together, which one see in such forum where they seek free legal counseling rather paid one.Can a husband who is under green card processing escape from domestic violence case filed by his wife in india?
People, don't automatically assume that domestic violence case filed by his wife is a valid one. Lot of girls file false cases under Domestic Violence and Dowry harassment to blackmail/extort money from people living in USA. It is very easy to file such false cases in India. Why didn't she file case in USA if she was really abused? She would've gotten ';justice'; much quicker in USA.





Anyways, to the OP, there is very little Indian government can do if you do not go to India. If you go to India to fight such a case, there is very real posibility that your passport will be impounded and you will unable to return to USA and continue your work. Check 498a.org if you are falsely acused and need some help.
Sure, it's easy. First go back to India and tell them it's all a big misunderstanding. They will forgive you. Then stay there.
You didn't hear?





We don't particularly care for wife beaters in the M%26amp;D.





Sorry buddy

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