Preventing 498a case from wife against mentally ill husband


My brother (British born citizen) has been diagnosed with schizophrenia since 2006. He is unable to look after himself and make decisions (in a legal capacity).

 

My parents arranged a marriage with an Indian girl in 2014 who they found through mutual relatives. The girl and her family were fully aware of my brothers mental illness and they had met on several occasions beforehand. The girl had gone as far as to say there isn’t any need to meet my brother as she had left it to destiny - however we insisted they meet. My parents had informed her family that they are looking for someone to look after their son as he requires day-to-day care. The girl obtained her spouse visa mid-2014 and arrived in the UK. She was then granted an extension last year until the end of 2019.

 

Throughout the years we have come to know that she was purposely not giving my brother his schizophrenia medication (his condition got worse and she made an excuse saying she had been giving him a homeopathic medicine instead). We also found flirtatious messages between her and another guy on her facebook. She would constantly vanish leaving my brother at home without informing us that he was alone (my brother cannot cook for himself).

 

My mother took my brother and his spouse to India last month to discuss things with her family. The girls parents made it clear that they want my parents to keep their daughter in the UK until she gets her ILR. My mother made it clear that we cannot apply for her ILR as the relationship has broken down.

 

The girls family then got the police involved in India while my mother and brother were still there. They demanded either 50 lakh rupees  (£50,000) or that we agree in writing to ensure she gets her ILR. They said otherwise they’ll file a case (I reckon it will involve a 498a dowry case). My mother and brother have returned to the UK, however the police are harassing my grandad constantly. There are no kids involved and my brother has no assets or earnings and is supported by the government for his care.

 

I would appreciate any advice on what steps we should take to prevent any cases in India?

 

Thanks

 
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Advocate

These guys I presume are British citizens if yes, than just keep them intact in UK, forget coming to India in any eventuality. Secondly just don't bother to reply to stupid Indian police if those guys are from Punjab. Try to get the dissolution of marriage of the husband in UK itself and send the wife back to India after the divorce is complete. As far the grandparents who live in India, they should file criminal compliant against the police officers troubling them to their Higher officials. If need be they can file Writ petition in the High Court against the Police department who harass them for their involvement in the matter which they have nothing to say as they're living in India and what all is happening is in UK. Once the Writ mandamus and Prohibition filed in High Court the police will back track and stop troubling old grandparents in India. You can contact me for detailed case discussion if you're interested. Check my profile here in this forum. vijaymahajan5758@gmail.com

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Originally posted by : Vijay Raj Mahajan
These guys I presume are British citizens if yes, than just keep them intact in UK, forget coming to India in any eventuality.
Secondly just don't bother to reply to stupid Indian police if those guys are from Punjab.
Try to get the dissolution of marriage of the husband in UK itself and send the wife back to India after the divorce is complete.
As far the grandparents who live in India, they should file criminal compliant against the police officers troubling them to their Higher officials.
If need be they can file Writ petition in the High Court against the Police department who harass them for their involvement in the matter which they have nothing to say as they're living in India and what all is happening is in UK. Once the Writ mandamus and Prohibition filed in High Court the police will back track and stop troubling old grandparents in India.
You can contact me for detailed case discussion if you're interested.
Check my profile here in this forum.
vijaymahajan5758@gmail.com

Hi Vijay,

 

Thank you for your reply. Yes we are British citizens however my grandad is in India on holiday (he spends around 4 months in India every year).

I just had a few questions regarding your reply

1) Would a UK divorce decree be valid in India? a few advocates have said the indian courts won't see it as valid

2) If we do file a divorce petition, the girl will most likely abscond and not turn up at the hearing (she will realise her visa will be cancelled), the divorce will most likely therefore be ex parte as the girl will not follow court orders and attend the hearing - will the divorce still be valid in India?

3) My grandad is an NRI (has indian passport but resides in UK), is there a risk that the police could impound his passport?

 
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Don�t worry about these things. Just do as advised by Mr Mahajan - he has got ven you right advise. Your grandad in worst case may have to skip visiting India for 1 year.
 
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Advocate

If you guys keep on worry all these issues and get misguided by mere information provided in website about validity of marriage dissolved in UK by UK court, then let me tell you, the marriage itself where your brother who was unfit mind and unable to give consent for marriage is voidable under the Hindu Marriage Act, but still you guys went ahead with it, got this woman spouse visa for UK. Now what will happen if you're grandfather get his passport impounded, firstly it's the court which can order for impounding passport if the person is involved in criminal proceeding and is avoiding to appear in court. When your grandfather himself moves court against police harassing him in old age where's the question of his avoiding court proceeding. More you get harassed by corrupt police more you keep asking all sort of questions. Just attack them and corrupt police rather before they attack you. The trouble with NRIs/foreign citizens is they are just getting harassed by all the information gathered from websites rather contacting real lawyers to help them out.
 
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Advocate

Mind it in your country two of the most wanted Indians are harbouring since so many months, Indian government got their passport impounded/revoked but unable to get them back to India. These high profile guys enjoying life in your country after involved in embezzlement of billions and you're worried about this petty matter. Sometimes I feel real sorry for you guys sitting outside India as I myself have most of my relatives like you, few British, living in your country.
 
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Originally posted by : Vijay Raj Mahajan
If you guys keep on worry all these issues and get misguided by mere information provided in website about validity of marriage dissolved in UK by UK court, then let me tell you, the marriage itself where your brother who was unfit mind and unable to give consent for marriage is voidable under the Hindu Marriage Act, but still you guys went ahead with it, got this woman spouse visa for UK.
Now what will happen if you're grandfather get his passport impounded, firstly it's the court which can order for impounding passport if the person is involved in criminal proceeding and is avoiding to appear in court. When your grandfather himself moves court against police harassing him in old age where's the question of his avoiding court proceeding.
More you get harassed by corrupt police more you keep asking all sort of questions.
Just attack them and corrupt police rather before they attack you.
The trouble with NRIs/foreign citizens is they are just getting harassed by all the information gathered from websites rather contacting real lawyers to help them out.

I appreciate your help on this. The only issue is my grand father doesn't have the will or energy to be dealing with court cases even if it means filing his own. The demand for 50 lakh/promise of a visa was made in the presence of the SP, who even threatened my grandfather that if he doesn't follow the demands, this will cause further problems if it reaches a higher officer. At the age of 79 he really doesn't want to aggravate the matter. 

The girl will arrive back in the UK next month and will most likely never go back to India unless she gets her indefinite leave to remain which will take many years.

Just wanted to clairify - I understand you say the marriage is voidable due to mental illness - will this cause any problems for my parents as they arranged the marriage? i.e. if the girl and her family to say we've hidden the mental illness fact from them before marriage? And can we anull the marriage sitting here in the UK or do we have to visit India?

Is there anything I can do from the UK to prevent punjab police from harrasing my family members that visit there?

 

I Really appreciate your help.

 
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Advocate

My email vijaymahajan5758@gmail.com you can contact me for detailed case discussion in this regard. Please read my profile here in this forum.

 
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