LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jonny   10 February 2021

Flying india after 10 painful years (wife remarried)

I am planning to visit india after 10 years since 498a, crpc 125, DV, 406 were filed on me and now all cases are withdrawn or dismissed by court. My wife has already remarried with her boyfriend and has a child but she never filed a divorce. When i came to know about this i filed a divorce in USA and had to serve her papers which she accepted happily as she was already married by that time. Whole reason for her to do this was that she did not get any money from me and she wanted to keep me hanging until i come India and face this. But now that she has already remarried and has a child (i already have a proof) i am little worried that she may not be able to do anything legally but her family members are after my money only and they have threatened to beat me. I was to go to my hometown and i have lost everything in life and i am not even married yet. Is there any provision or law that i can seek to apply in court for my protection ? I am U.S. citizen and when i informed embassy about this thy are simply telling me not to go there. I would sincerely appreciate if someone can provide me some advice here.



Learning

 10 Replies

Real Soul.... (LEGAL)     10 February 2021

Follow the embassy guiedlines...

G.L.N. Prasad (Retired employee.)     10 February 2021

Stop worrying and your in-laws are aware that any threats/violence as their daughter is happily married and these actions against you may reflect in the happiness of their daughter's family.  Welcome back to India and as usual, take your own precautions over your safety and avoid traveling alone and in less crowded places. First shed the apprehension that you have lost anything, as you have come to the world with bare hands and you have still a lot of lifetimes left to lead a happy and purposeful life and such nightmares in life come and vanish in the air, leaving scars, memories, experiences.  Lead a Happy Life peacefully forgetting the past and there is no dearth of compatible partners in India. irrespective of your age, if only you are understanding to invite similarly affected partner.  As you are American, you can enjoy more hospitality and security in India.

1 Like

jonny   10 February 2021

Originally posted by : Real Soul....
Follow the embassy guiedlines...

My heart is attached to india. If i were to follow embassy guideline i will loose everything in life including my roots. I am looking for legal advice to see if i can seek any protection via court order

Real Soul.... (LEGAL)     10 February 2021

You cannot be protected all the times, just file an applicatuion in the police concerned police  station   apprehending threat to life. 

You need to ensure that the divorce is communicated well or she may raise calims for being your wife. The divorce from a foriegn courtn have limited applicablity, make sure you are divorced as per Indian laws.

 

P. Venu (Advocate)     10 February 2021

The posting suggest no facts or reasons why you require any physical security.  It is all a matter of your own apprehensions borne of your sense of mental or psychological insecurity for which you alone can provide the remedy. 

Pawan S (06292021602) (Advocate)     10 February 2021

See, without getting divorce, if someone marry again then there is a offence of Bigamy, Section 494 IPC.

So, you wife has committed that offence. But, no point to think about that as we are not thinking of taking any legal steps against her. 

We are just concern about your security. So, what you can do, just file an application (also mentioned that you are an US citizen) in the local police station apprehending threat to life and don't forget to receive the copy of it.

Rest all will be good. Don't worry much.

 

Regards,

Pawan Saha


 

1 Like

Shashi Dhara   11 February 2021

If you come to India who will inform to her how she knows,,even she knows her second husband will come operate her ,no he don't cooperate her,it will ruins her second marriage also,so issue legal notice from America ,allegate  her bigamy and also to her husband,file complaint against her thru online to police .

jonny   12 February 2021

Originally posted by : Pawan S (06292021602)
See, without getting divorce, if someone marry again then there is a offence of Bigamy, Section 494 IPC.

So, you wife has committed that offence. But, no point to think about that as we are not thinking of taking any legal steps against her. 

We are just concern about your security. So, what you can do, just file an application (also mentioned that you are an US citizen) in the local police station apprehending threat to life and don't forget to receive the copy of it.

Rest all will be good. Don't worry much.

 

Regards,

Pawan Saha


 

thanks for the suggestion. Appreciated !

Dr J C Vashista (Lawyer)     14 February 2021

Confirm whether all the cases (which are criminal in nature) are closed for any reason, whatsoever .

Did you engage any lawyer to follow up or watch the proceeding ?

Where were these case(s) filed/ proceeded ?

Case file has to be inspected.

No opinion can be formed on the basis of limited facts posted.

Sankaranarayanan (Advocate)     30 April 2021

Yes  first confirm the status of cases as pointed by Dr.Vashista ji 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query