Hi I am from Mumbai and after the marriage moved to London and in laws stays in Chennai. I am facing harassed for dowry from the time we got married, later for having a girl child also there were incident of physical abuse and there was also a complaint registered here with the local police. Now my husband has cut all phone connection so that I should not be in touch with my family and with out tell me went to Chennai, India last month and filed a divorced with the family court and sent me a notice. Under these circumstances what are my options? Can I file a dowry harassment/ physical abuse case while I am in london in any court in India? The case should be filed in Chennai or I can file in Mumbai? Can my brother or Mother (Who stays in Gujarat ) can file a case for me? How to deal with the notice issued by the court, as I don’t have any means to travel to India and attend and more over I am scared going to Chennai ? Some help and clarification on the above question from the group.
1. You can file criminal case u/s 498A, 406, 3 & 4 of D.P.Act., case u/s PWDV Act.
2. You can file case of maintenance from Mumbai but for dowry harassment cases you have to file the same from Chennai.
3. No your siblings can not file such cases.
4. You have to come to India to file such cases. Another option is to file cases from London also.
1) if your husband has filed for divorce you have to contest the divorce proceedings in chennai .
2) if you had been staying in Mumbai or gujrat you could have filed transfer application to transfer the case to mumbai or gujrat .
3) since you dont want to come to india transfer application dosent make sense .
4) in the divorce case filed by your husband you should claim maintenance , alimony , litigation costs and other reliefs .
5) if you had faced dowry harassment you should have filed 498A against your husband .
6) you could also have filed DV case and sought protection order against your husband and in laws . in addition you could have claimed right to stay in matrimonial home or alternative accommodation .
7) if you file case now you would have to come down to india to file complaint , give evidence .
8) best option is to oppose divorce . contested divorce petitions take years to be disposed of .
9) your husband will utlimately arrive at an comprehensive settlement if he wants divorce
Thanks for all the detials provided ... its of great help!! some more Qs I am planning to file a DV and harassment case here in London but what will be the impact on the case in India? Can a marriage under Hindu marriage act be filed for DV in UK court? I will not be able to manage the finance to travel and stay in Chennai to defend ? Can I request the court from here to order my husband to bare the expense? And how to do that if its possible? Can I appoint an advocate from here to represent me? And also for the dowry can I request a lawyer from here to file a case for me ? And also request from here to transfer the case to Mumbai even before the case starts? Can a mother not file a case for her daughter for dowry harassment?
1) DV and divorce are 2 separate cases . it will not have impact on your divorce case except to show that you have been a victim of Domestic violence .
2) if your husband has harassed you in London you can complain to police regarding the harassment you have undergone .
3) you should engage a local lawyer in Chennai to fight your divorce case
4) how can UK lawyer fight your dowry case in India . as mentioned earlier if you want to file 498A case you have to personally lodge police complaint regarding dowry harassment .
1. In UK you can file such cases.
2. For dv and other cases you need not be present on each and every date. once you initiate the cases remaining present , you can leve the matter to your lawyer whoh can manage the same during your absence.
3. You have to appoint advocate in India. The UK lawyers are not permitted to appear in court of India.
4. Your mother can later manage the case on your behalf but you have to take first initiative.
Thanks !! I was refering to having a lawyer from Indian only, but looking for option where i need not travel to India...
One more Q, is it possiable to have a lawyer at mumbai and send a request to Chennai court to Transfer the case to mumbai. and can it be done from London?
take a help from indian advocate reg drafting of complaint and sign it and send it from london to women cell ,of your area in chennai
Dear Madam, it has to be done from India.
From London nothing could be done.
Yes, i understood the point. But is it possiable to appoint a lawyer from India and i provide signed documents for the case? If at all i have to travel, can i do it in Mumbai. And for how long i have to plan the visit?
yes you can
So do i have to travel or i can provide the signed document ?
1. Since your husband has filed for divorce in India you have to contest the case by appointing your lawyer.
2. As you were subjected to harassment in relation to dowry and also physical abuse, you can certainly file criminal proceedings against your husband. If held guilty your husband may be sentenced to imprisonment. The case can be filed in Mumbai. You may file it from London itself by engaging a lawyer in India. You do not have to travel personally to India to file the case, albeit you shall have to sign the draft of the case.
3. Your brother or mother cannot file the case on your behalf. Since you have personally suffered mental and physical abuse the case can be filed by you alone. No one else is legally authorised to file it on your behalf.
4. You may while sitting in London engage a lawyer in India to contest the divorce case filed by your husband.
5. You may also sue your husband for domestic violence to seek compensation and damages for the mental and physical abuse endured by you at his hands. In addition thereto, you may also claim maintenance and the right to protection.
1. You can jolly well file a case for domestic violence and other laws prevailing in UK. In addition thereto you may also sue your husband for domestic violence under the Indian law by filing a case in India.
2. The marriage under Hindu Marriage Act cannot be annulled by a UK court. It can be done only by the competent Indian court.
3. You are not required to travel personally to Indian to attend every court hearing. The presence of your lawyer in court shall suffice.
4. A UK based advocate cannot represent you in an Indian court. Foreign lawyers are not authorised to put an appearance in an Indian court. Only a lawyer enrolled with a State Bar Council in India can appear in an Indian court. So you inevitably need an Indian lawyer to represent you in an Indian court.
5. Since you are residing in London the request for transferring the case to Mumbai will be turned down. As previously mentioned, you do not have to travel to India to attend every court hearing as your lawyer will be present in court.
6. Your mother cannot file the case on your behalf. You have to file it personally as your personal rights have been injured. The petition will have to be signed by you personally and thereafter you will have to lead evidence.
1. The case of divorce which your husband has filed in Chennai will not be transferred to Mumbai under any circumstances.
2. You may engage an Indian lawyer while sitting in London, sign the power of attorney (legal instrument bringing the client-attorney relationship into inception) and thereafter sign on receipt the draft petition of the case and post it to your lawyer in India who will then be able to file and prosecute it in court. This way you can be spared the ordeal of travelling to India just to engage a lawyer and file the case.
1) you are staying in london . the divorce case cannot be transferred from chennai to Mumbai . it can only be done if you are residing in Mumbai . that too by making an transfer application to SC only
2) you can appoint lawyer in chennai . he can forward the papers to you for your signature . reply to divorce petition can be signed by you in London and attested before Indian consulate .
3) please note that if you fail to contest the divorce proceedings in Chennai your husband will get an exparte divorce
Thanks again for all the useful information shared. just 2 points if i am planning to travel and defend the case, in that situation can i ask to transfer the case to Mumbai as thats were my materinal house and top of it i have personal fear to be in chennai. And for the harassment can i file from mumbai for the same reason?
1) no . if you are staying in Mumbai then only you can seek transfer to Mumbai .
2) you cannot file DV case in mumbai . you are residing in London . the acts of Dv have not taken place in Mumbai .
it is your own case that after marriage you moved to london and you were victim of dowry harassment physical abuse in London . you had also filed police complaint against your husband in London . hence in my view it is better that you file case against your husband in London only wherein you resided with your husband after marriage
1. The case will not be transferred to Mumbai on account of the mere fact that you plan to travel to Mumbai to defend the case. Unless and until you are residing in Mumbai transfer is out of question.
2. Unless and until you return to live in India the case for domestic violence cannot be filed in Mumbai.
1. The Divorce case can not be transferred to Mumbai since you are not staying there,
2. You can engage a lawyer at Chennai to defend you in the said divorce case,
3. The DV case has to filed at Chennai where the incidence took place for which you shall have to come to India.
Thanks all for the support!!! Lot of things are clear but will proceed with some action from my side..
my pleasure
thanks for your appreciation
You are welcome.
Thank you for appreciation.