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(Guest)

Crpc 125 and 498 (a)

I got married last year (Feb 2010) in court in india with an intention of calling my wife to U.S. The moment i filed papers she started making drama that it isn't going well between us and they want to end this relationship. Finally with much deliberation i made up my mind and decided to get seperated in court since we registered our marriage in court. We haven't stayed with each other for a single day and i thought that it was going to be smooth transition for divorce. They called me from india for proceedings but the moment i arrived there they had a trap set up for me. When i called them that i have arrived in india and told them that we should get papers ready for divorce they started threatening me that i have to make an settlement for divorce and they demanded 5 lakhs for divorce. I told them that i did not ask for divorce it was them who asked for it so why do i have to pay for it. Even the fact that i was still willing to accept her but they got greedy and with their lawyers advise and they filed fake 498(a),125 case against me. Luckily i got a call from police station same day that i should leave india since these greedy people have paid some money to some cops to get the job done. I left india right away and since i left india cops came to our relatives house asking for me but when they found that i have left they threatened our extended family members to pay this huge amount. I live with my parents in U.S. and we do not have any intentions to pay these greedy people neither i asked for divorce so why i should pay for it ? While finding out in india i came to know that those greedy cops have not registered any FIR against me since issue will go to court and they might not get this amount if they try claiming over there. It has been 7 months already i haven't heard anything from court neither cops it looks like that they will be waiting for me until they harass me but i am advised by friends not to come in india until it gets resolved. Meanwhile they are threatening me that they are going to get me deported from U.S. and put me in trouble. My question is that is this a crime that they are threatening to get me deported from U.S. ? Is it possible ? If yes then i would like to seek proper advise for this so that it don't happen so far i am told by my friends that i am safe in U.S. as long as i stay here. Meanwhile my wife is trying all possible ways so that i can come down to india and she can harrass me. She is telling my friends that if i leave my parents then she is willing to stay with me but i am not going to leave my parents. Besides that now i have made up my mind that such relations don't last longer if she is giving me such hard time from begining itself. I do not want to pay them any settlement amount since i am right and i don't mind if such disputes last for my entire life. Best is not to get married at all........if this is called marriage i don't want such marriage. What i have learnt from this process to be quite and watch everything this miserable people are trying all possible ways to harrass me no matter even though i am in U.S. I can't believe that cops are offered bribe to get the job done. I want to know that even if girl ask for divorce do i still have to give her money ? She is claiming that i have harrassed her but the fact is we haven't even stayed for one day neither we had s*x. If something is on my side is girls relatives. I can prove in court with concrete witnesses that i am not responsible for this divorce. There are lots of relatives of my wife who are willing to support me and they are also willing to appear in court in order to help me since they know that i am right. I want a proper advise from lawyer how i should tackle this problem ? I am U.S. citizen and i live in U.S. i do not want to get stuck with any fake police arrests in future. What should i do before i fly to india in future in order to protect myself ? What happens if court or my wife's lawyer sends me notice via registered mail and i don't accept it ? What happens if ex partee divorce is ruled out in court does she qualify for any alimony ? Is there anyway i can contest ex-partee divorce in upper court ? Can she file 498 (a) against me even after divorce ? I also have proof that i have filed her visa papers but she is not interested coming down here. During my sagai i gave her streedhan and she has all those stuff worth of 25000 Rs/- she did not return me those stuff. I want a proper legal advise remember i did not ask for divorce it was my wife who played the whole game. It's all about money they are greedy and they want money i don't want to give them any no matter if it takes decades. She ruined my life & i have lost my prestige in entire society. Can i file any Crpc case against them ? As far as i know if any crpc 125 ex party is ruled out against me how can they ask me to pay maintenance if i am in U.S. i don't have any property or bank account..................i know if i don't pay i will be proved guilty without any proper investigation and once i arrive at airport red corncer notice will be issued against me..............so i will get arrested...........how to fight such case............this case is held against me in Gujarat. I have no intentions to get married again and i want to fight for this.


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 3 Replies

Avnish Kaur (Consultant)     16 April 2011

try to talk to them over phone, record their demands , get all truth recorded. dont cum back to india. she cannot get you deported so easily as 498a is not a crime in USA.

for more details visit 498a.org & mynation.worldpress. which city /state  they are located?

Deep (k)     16 April 2011

It seems you have been trapped very badly.

 

Don't worry god is always there and that's why he kept you in US :).
First thing, You forget everything and enjoy your life in US.

Second,

As you are ready not to marry in recent, just stay cool, wait and watch whatever they are doing and don't loose your patience, don't make hurry in divorce, it will come in your way.

Does she know your any address in US, if not don't give. And if anything comes to you and you don't accept, not a problem at all, if you don't want to accept don't. Nothing will happen :).

If nothing is filed against you till date, then you can come to india in imergency, only thing is remember that don't inform anyone that you are coming, tell only few needy and go back.

Experts will give you the proper advice.

Currently, you enjoy your life in US, no one can deport you :). Forget the divorce for few years and you see, how it comes to you.


(Guest)

@ Avinash so you are asking me to collect as many evidence as i can so that i can prove in court right ? They have already filed Crpc 125 asking Rs/ 20000 per month i got this information from various resources from court itself...........one trial date has already passed and second one is scheduled on 21st may 2011..........i have not accepted registered mail (Summons) from court and it was mailed back as "UNCLAIMED".........i will try my best to collect evidence in order to fight against them.....


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