Harassment by wife in usa - remedies thereof
Bhimreddy
(Querist) 19 October 2014
This query is : Resolved
My son's arranged marriage was held recently in India and both went to USA after marriage. But the Girl since day one is showing full of egoism & even Honeymoon booked in a 5 star hotel for 3 days was a non starter.Now it is 3 months still family life is not there. She is threatening my son of filing with USA POLICE of fake harassment case and creating scenes by shouting as if my son is beating her etc., Even apartment society has warned my son for vacating the flat if this is repeated. Even she is not ready to go her parents in India. How to deal with this case in USA. Can my son take legal recourse to send her to India for counselling? Thanks in advance for the guidance in this regard.
My son is on H1 visa .
Advocate M.Bhadra
(Expert) 19 October 2014
Your son can lodge a diary to the USA Police and file a Divorce Suit in USA.Process of Laws in USA for divorce will take short time and if the Court passed an order in favour of your son then VISA of your daughter-in-law may be cancelled,no need to come in India.
Bhimreddy
(Querist) 19 October 2014
My son is on H1 visa
Dr J C Vashista
(Expert) 20 October 2014
Lodge police complaint for such behaviour of your daughter-in-law.
File divorce under the provisions of US law, there itself.
P. Venu
(Expert) 20 October 2014
Your son can take recourse to law there. There may not be special laws protecting errant behaviour of women in that country.
Prima facie, it appears that the marriage was one of convenience for your son to get an employment in USA>
Devajyoti Barman
(Expert) 20 October 2014
Consult some USA lawyer. If any case is started in USA the same is better is one aspect and that is there is no separate marital violence law like dreaded 498A IPC in India.
It takes time to tp prosper an newly marital life . So ask both of them to bear patience in mind.
Bhimreddy
(Querist) 20 October 2014
Expert Mr P Venu ji - My son is in employment in USA since 2006 on is own after doing MS-CSE in USA. He has only processed the VISA formalities for the girl as his dependent/spouse. Still this girl is threatening him or blackmailing him in one way or other after reaching USA. My son is totally harassed by this girls behaviour and unable lead a social life nor is able to concentrate on his work.
Devajyoti Barman
(Expert) 20 October 2014
you are already advised on this account.
ajay sethi
(Expert) 20 October 2014
your son should record her threats . it will help him in case wife files false case in USA .
Rajendra K Goyal
(Expert) 20 October 2014
Law on domestic violence in some of the states are tough enough. If she lodge false complaint with the police, she would face the music also.
Most of the states in USA are no fault divorce states. If your son file divorce petition court would award the same, martial assets would be divided in equitable or otherwise as per state law in which they are living / file case.
T. Kalaiselvan, Advocate
(Expert) 21 October 2014
I agree with the views and opinion of expert Mr. Bhadra. Your son needs to take precautionary measures immediately at US before the things go out of his control. Better advise him properly so that he is not trapped into the legal tangles endangering his occupation at US.
malipeddi jaggarao
(Expert) 25 October 2014
I too agree with the views of expert Mr.Bhadra. You can suggest your son to take steps there.
What the girl's parents are doing in India? Have a talk with them. It is arranged marriage. Rope the mediators and send clear message to the parents either to mend the behaviour of the girl or call her back to India. She might be have some past history. Dig into that and discuss with her parents. This may also give some relief. At least they may call her back to India.
