Divorce & Child Custody: NRI Facing Wife's Family Demands

Dukhi Aatma (Querist) 30 January 2025 This query is : Resolved
Hallo,

I am an NRI living in EUROPE for the last 20 years. I married a girl from punjab. It was an arranged marriage. We demanded no dowry nothing just we asked to welcome the baraat quit very good and well (which they did as well). i have 1 kid 6 years. Me and my kid are EU nationals and wife Indian. Now my wife expect that i must help her family financially with money. Even though she has two brothers who are working and earning money. But now i came to know that their plan was to come / move whole family to EU. Which i denied because i married a girl not whole family. So with this feeling she does not love me anymore and even mee also have not the same feelings for her as i have during the initial time of marriage. Now i made it very clear that i will not help her family financially (without proper talk with elders) and i cannot help her family to move out and settle down in EU. I am working and not a business man. I have voice recordings of my wife and her mother where they mentioned that if my wife had married another guy who was in Canada then until now her whole family was in canada but because her father did not get agree so they are still in punjab. Also her younger brother is HIV positive. Also i have checked with the university and her Masters degree in English stream is fake. I have offical proof of this. Now question is that if i get divorce in India what will be my chances that i will get rid of her and her family and i will get the full custody of my child. I have no property in India. Please guide.

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T. Kalaiselvan, Advocate (Expert) 30 January 2025
You can file divorce case in India or UK.
if you have no plans to remarry in India then you can file divorce case in UK itself.
Since the child is in your care and custody and at UK, you can apply for child sole custody there itself if your wife is not returning to UK

Dukhi Aatma (Querist) 30 January 2025
As i have EU nationality and my kid also EU national so we are not coming or settle down in India ever. But will EU authorities can force her to go back to India after divorce?

Dr. J C Vashista (Expert) 31 January 2025
@ Dukhi Atma ji,
Filing a petition for divorce is totally different to the issue of deportation of wife subsequent to passing a decree.
Move step by step.

Dukhi Aatma (Querist) 31 January 2025
@Dr. J C Vashista ji
Thank you and what will be the correct way of executing the steps? Please advise.

Thank you.

Dukhi Aatma (Querist) 31 January 2025
@Dr. J C Vashista ji Thank you and what will be the correct way of executing the steps? Please advise. Thank you.

T. Kalaiselvan, Advocate (Expert) 31 January 2025
If she was under dependent Visa in UK then after divorce she is no more a dependent hence you can withdraw the spousal Visa to her.
In that case she cannot continue to reside in that country without a valid Visa.

Dukhi Aatma (Querist) 31 January 2025
@ T. Kalaiselvan Thank you for your precious advise. it is Belgium and not UK but i assume it will be the same and not very much different then UK.

Any other advise will be welcome. Thank you

T. Kalaiselvan, Advocate (Expert) 31 January 2025
It is immaterial whether Belgium or UK, it is a foreign country to India.
You can refuse to budge to her money extortion pressure and as you and your child are citizens of that country, she will not be able to maintain a child custody in India
You can proceed with your plan for divorce and other issues as was advised by your lawyer

P. Venu (Expert) 06 February 2025
In my considered view, the litany of complaints against your wife and her family does not amount to a cause of action seek divorce, at least in India.

Dukhi Aatma (Querist) 10 February 2025
Thank you P. Venu but what if i have Voice recordings where my wife and her mother saying that if they had married a ANOTHER guy (other then mee) then they all must have been in Canada until now. Is this can be proof and reason for asking divorce?

Dr. J C Vashista (Expert) 10 February 2025
You have just heard saying so and so, hear-say is not an evidence.

Dukhi Aatma (Querist) 10 February 2025
Thank you Shri Dr. J C Vashista - then what is proof? Only written on paper is a proof? Electronically recorded sound is not a proof? Can you please clarify?

P. Venu (Expert) 10 February 2025
"my wife and her mother saying" - Saying to whom?

Dukhi Aatma (Querist) 10 February 2025
They were talking on a phone with each other and it was recorded. Can this be submitted as a proof.

P. Venu (Expert) 10 February 2025
Divorce could be sought based only on instances of marital cruelty. Mother and daughter exchanging their private thoughts does not constitute an instance of marital cruelty against you. The situation could have been different had your wife told you those expressions repeatedly in such a manner to injure your dignity and self-respect.

Dukhi Aatma (Querist) 10 February 2025
Well the situation is as following:
my wife few times asks money for her younger brother _ to help him to go outside india (probably Canada). But i refused.
She also expect that i help her family financially - which is not my responsibility of course as they have 2 sons who are earning.

Voice recordings also i started to do because accidently (not intentionally) i recorded the conversation of my wife and her mother where they were using abusive words towards me and my family. And they are still doing it. Due to this conversations i came to know that his younger brother is HIV positive. I want to save my self for the following points :
i have no intentions to support her family financially as this is not my responsibility

if matter will go into the court can i save my ass with the voice recordings?

Also i have proof from the university that the degree they showed me (MA in English) is fake and that is on PAPER.

Can you advise if i can save my ass with this above 3 points?

kavksatyanarayana (Expert) 10 February 2025
If married to another guy in a conversation between two or more persons, the wife's brother is HIV positive, and asking money from the wife to her mother and brothers, all these do not come under marital cruelty. You file a divorce petition in the UK and be positive about what will go by the court.

Dukhi Aatma (Querist) 10 February 2025
Dear Experts,

are you guys lawyers??

i doubt because under Hindu marriage ACT 1955 because of mental cruelty husband can ask for divorce.

Mental cruelty - constant humiliation, verbal abuse, harassment,
neglect, threats, or persistent indifference towards the well- being of
the other spouse.

Now the points i mentioned above are under Mental Cruelty then how can you say - conversation of harassments, abusive language, untruthfulness, liars does not come under marital (MEntal) cruelty??

Dr. J C Vashista (Expert) 11 February 2025
@ Dukhi Atma,
Did you give examination hall question paper or it is your problem ?

Dukhi Aatma (Querist) 11 February 2025
It is my problem sir. and i do not want to get defeated by foolish, selfish and liars :)

so i am seeking help.

Thank you.

T. Kalaiselvan, Advocate (Expert) 16 February 2025
You can very well file a divorce case on the grounds of mental cruelty by venting out the events chronologically that took place from the beginning till this date.
You can produce the evidences wherever you have one and other situations are matter of pleadings, cross examination and arguments.
Hence instead of wasting more time asking questions again and again you may better consult an advocate in the local and proceed as suggested.

Marriage with a girl (punjab) with fraud degree

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