What is the name of your state (only U.S. law)?
Hello!
I am US citizen from Atlanta. - woman (from an Indian family background) and I have a query about a family dispute. My brother (an Indian) was married as per Hindu customs in India on March 2012 to an Indian girl, marriage was performed in India.
After a month of marriage, issues arise between the boy and the girl family and they are no longer staying together (not yet legally separated nor divorced). A 498a - Section 3 and 4 is currently running in the court against my parents, and brother.
An year after marriage, the girl complained to the Indian police on dowry harassment against my parents, brother, dad brother (Uncle) and on me.She has accused in the FIR (First Information Report) that I have taken 15,00,000 rupees as dowry.
By Indian Law, dowry harassment is a criminal case and warrants an immediate arrest without investigation.Giving and taking dowry is crime.
This whole episode disturbed me very much and my family.I was depressed and this has taken toll on my health and my children.
During initial police investigation, the Indian police observed that I had neither traveled to India for last 4 years, nor met the girl anytime.
No money transactions happened and neither any form of torture was used by me on her. The Indian police removed my name from the charge sheet and I was not charged. This case is still running in the court against my parents and my brother and trial did not start.
While the 498a case is still running in Criminal court, and after 2 months of dowry harassment case, she again filed a domestic violence case against my parents, brother, Uncle and on me.
She accused me of not supporting her (she never mentioned what to support), this whole episode is taking toll on my health and mentally
disturbed me. I want to sue her for providing false information and breach of peace and trust in my family and to defame me.
My questions
____________
1. Can i file lawsuit against her for falsely implicating me in these cases ? I am an US citizen while she is an Indian citizen,
Civil or criminal cases in India take much longer time and tedious, please advise? Where should i file the cases (country?), please provide suggestions.
2. Under what Law sections i can file suit against her ?
3. How long would the whole legal process take and what legal implications it has on me and my family ?
4. What legal implications are present, if she is found guilty or otherwise ?
5. How can i bring her to justice in USA ?
6. How can i make my case strong ?
7. How does the court decide on the scale of damages done to me and the compensation involved ?
A brief summary about the girl and the family
------------------------------
---------------------------------
The girl is well educated and stays in India, they come from affluent family and currently she is not working.
Hello!
I am US citizen from Atlanta. - woman (from an Indian family background) and I have a query about a family dispute. My brother (an Indian) was married as per Hindu customs in India on March 2012 to an Indian girl, marriage was performed in India.
After a month of marriage, issues arise between the boy and the girl family and they are no longer staying together (not yet legally separated nor divorced). A 498a - Section 3 and 4 is currently running in the court against my parents, and brother.
An year after marriage, the girl complained to the Indian police on dowry harassment against my parents, brother, dad brother (Uncle) and on me.She has accused in the FIR (First Information Report) that I have taken 15,00,000 rupees as dowry.
By Indian Law, dowry harassment is a criminal case and warrants an immediate arrest without investigation.Giving and taking dowry is crime.
This whole episode disturbed me very much and my family.I was depressed and this has taken toll on my health and my children.
During initial police investigation, the Indian police observed that I had neither traveled to India for last 4 years, nor met the girl anytime.
No money transactions happened and neither any form of torture was used by me on her. The Indian police removed my name from the charge sheet and I was not charged. This case is still running in the court against my parents and my brother and trial did not start.
While the 498a case is still running in Criminal court, and after 2 months of dowry harassment case, she again filed a domestic violence case against my parents, brother, Uncle and on me.
She accused me of not supporting her (she never mentioned what to support), this whole episode is taking toll on my health and mentally
disturbed me. I want to sue her for providing false information and breach of peace and trust in my family and to defame me.
My questions
____________
1. Can i file lawsuit against her for falsely implicating me in these cases ? I am an US citizen while she is an Indian citizen,
Civil or criminal cases in India take much longer time and tedious, please advise? Where should i file the cases (country?), please provide suggestions.
2. Under what Law sections i can file suit against her ?
3. How long would the whole legal process take and what legal implications it has on me and my family ?
4. What legal implications are present, if she is found guilty or otherwise ?
5. How can i bring her to justice in USA ?
6. How can i make my case strong ?
7. How does the court decide on the scale of damages done to me and the compensation involved ?
A brief summary about the girl and the family
------------------------------
---------------------------------
The girl is well educated and stays in India, they come from affluent family and currently she is not working.
