You can counter all her false cases and later file case of defamation and false prosecution against her
False accusations by ex wife
Good morning, me and ex wife are both muslims, from india, married in uae under sharia law, ive also been divorced under sharia law in dubai, with divorce certificate issued by dubai court. both of us are NRI’s my wife knows about the divorce judgment recieveid by the dubai court, she did not appeal, and all apeal time has expired. ex wife alleges that i had made dowry harrasment, mother in law and cousins have tortured her and she has recieved death threats from fake accounts, i had put her names in prostitution websites , etc. she had tried to FIR at district police station, however, the mumbai rejected her requests for lack of evidence. she had complained to embasy of dubai, which also rejected her complaint she filled a letter to the commissioner of mumbai which also rejected her complaint. she filled 2 letters to women and child development in delhi to complain about the same, which also ignored her complaint. she has compiled these 4 rejections and “threats” instagram screen shots and was finally able to file a application under section 18,19,20 under women domestic violence act in andheri court. i have been notified for the same from the court. we have been seperated since 1.5 years, and have been just divorced judgment only 4 months ago. i have never done any of voilance or criminal acts claimed by her. i am not living in india, i cannot follow up with any false claims by my ex. my ex claims that she is still my wife in the court application. my marriage is not even registered in india. basically she wishes to harass using indian courts, since all her applications and cases in dubai were rejected. could you please advise as how i can stop my ex wife from false accusations and harassment.
Asked 3 years ago in Family Law
Religion: Muslim
12 Answers
You ha e to engage a lawyer and file detailed reply
I presume complaint had been filed after divorce
take the plea that complaint is not maintainable as there is no domestic relationship
Since you got married and divorced in UAE you think that your marriage has been ended by the decision of the Emirates Court please be aware that your marriage is not terminated by the Indian Court because the termination lows have been changed in India and you would have been got your divorce rectified by the Indian family court based on your residential status and address. Because your marriage has not been terminated here in India your wife is looking for different forum for allegation and her petition for domestic violence has been accepted by the court and notice has been now it is your turn to answer the notice in the court and hire advocate who can represent you at this point of time you need not to appear before the court until and unless you are being asked appear before the court because this is not a family court attendance in the family court is mandately so please check the status and accordingly arrange the appearance by yourself or any closed family member.
She is not an “aggrieved person” within the meaning the meaning of Protection of Women From Domestic Violence Act, 2005 and your not a “respondent” as defined under the Act, because she is no more your wife. File a petition for quash of compensation in the High Court of Bombay. Complaint will be quashed by High Court. You can file such petition through GPA executed abroad with proof divorce, giving power to file petition to your relative or friend in India.
Basically the DV case filed by her in India after your marriage was dissolved by a decree of divorce under Shariat law by a court in Dubai, is not valid, she would have suppressed the fact of divorce before the court concerned while filing this complaint.
Secondly the DV case is basically not a criminal complaint hence there is nothing serious about it.
Thirdly since you both got married in Dubai and lived together in Dubai till the divorce which incidentally happened in Dubai, the court in India has no jurisdiction to entertain this complaint against you.
However to prove all these you must be present before court, participate in the proceedings and get the case dismissed after the trial proceedings are concluded.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- If , the said decree of divorce has been granted by the Dubai Court , then it is not valid in India , and legally she is your wife.
- However if she has contested the case in Dubai , and after giving her opportunity the said decree passed, then that will be valid in INDIA.
- Further, if she has filed any case against you in Indian court, then you can engage a lawyer to contest on your behalf , otherwise court may passed ex-parte decree in her favour after accepting her compliant.
- Further, if you both were residing in Dubai then for the domestic violence etc. , her compliant in India can be rejected.
You can contact me, if further suggestion needed.
Dear Client,
If an FIR is lodged against you, then present your matter before the Hon'ble High Court, for an arrest stay. In case you need any other advise in the matter do feel free to contact.
Thank You.
can indian courts make an unfavourable judgement based on false accusations ie. dowry harrasment, domestic voilence, mental torture, alleged misscarriage(no medical reports) from my exwife? if my ex wife is unable to prove the accusations, can i file for defamation based on judgment from indian court? will i be compensated for my expenses and fees? will i get notification by court about an ex-parte judgement and have time later to appeal for it?. thank you
Asked 3 years ago
Burden of proof is upon wife is to prove allegations beyond reasonable doubt
you can file defamation case against ex wife for maligning your reputation
if any exparte order is made you can file appeal against impugned order
The court will analyze the facts by the conduct of the case by the prosecutor and properly defended by the defendants.
No courts will decide the case in favor of anyone who approached it false case.
It depends on the defendant also that how he defends his interest and proves that the case was based on false information.
Firstly you get the case dismissed on merits with the support of documentary evidences in your side after which you can plan to avenge her as per your own strategies.
No court make judgement after all the evidence is proved on court
- without giving chance to both the parties , court cannot blindly accept the contents of the wife and pass a favorable order in favor of wife.
- Yes, you can file a criminal and civil defamation case against her , if she loose her case against you.
- Yes, if she gets an order for maintenance , then you have to pay
- If summon of the case served upon you , then only the court will proceed for passing ex-parte decree in her favor , and then no notification will be issued to you
- However, she can move an application for the execution of the decree and then you will be given notice by the court
- Yes, after knowing the ex-parte decree information ,you can move an application before the court to set aside order.
Dear Client,
As per the facts which have been provided, you can file for defamation and false prosecution against your ex wife.
Thank You.