AB from overseas for NRI in Dowry Case

Dear Manish,
My parents are staying with me in Vietnam. I am a dairy technologist. My wife secretly with all her jewellery went on short leave and has filed a case for divorce.

My parents were called by the CAW cell in Delhi. The notice is still not served till date. Only a copy of the complaint filed by my wife was shown to my father. What I want to know is related to my wife's claim that everything is here with me and my parents. She may submit a long list. How can we prove that she has everything? If my parents accept it, they have to pay a lot more apart from what she already has, and if they don't, then the mediation will fail and an FIR will be lodged.

I don't even know what she has filed.

How can we choose a good lawyer. My parents have been out of Indian most of the time. Some lawyers say that AB is not possible. Some say that it is possible. We are dying in fear. Please help in terms of procedure by explaining as to what happens from a CAW complaint till the first court hearing. I cant come every now and then since I am living abroad.

Please help.



Dear Yogendra ji
You do not have to appear in CAW cell until they give you written notice. Once you get the notice you can apply for AB for yourself and your parents and any other accused persons. There should normally be no need to travel to India for this purpose, but the bail application may be likely to go up to high court stage.

Avnish Gupta

Dear Yogendra
Note that the CAW cell employee who delivers the notice will have to take the signature of the person to whom the notice is served. The notice can be served through whichever channel they have used to send to you the copy of the complaint. If she has filed for divorce on cruelty grounds then you may oppose it by saying that you wish to sue for divorce on the grounds that she is the one who committed cruelty.

You can talk to various lawyers to find the right one. I am forwarding your query to Avnish Gupta for legal points. As far as I can say, being afraid will not help you in any legal fight. The more you fear, the more money and peace of mind you will lose. As a matter of fact I am slightly disappointed that one of my readers is experiencing so much fear even after reading my work. I think that some psychiatric help will not harm you in the least.

You can fight the jewellery list on merits. Truth is on your side, so do not worry. For details about procedure please read the articles on this website.

Manish Udar

Published by Manish Udar

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Last updated on 20th November 2013
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