sunay (Engineer) 13 December 2014

Advice needed

I will cut long story short.Me and my wife are both indian citizens but both came on a student visa and got our H1B visas and working here.

We met and married 6 months back in USA itself.We registered our marriage here in local clerk office in USA itself.Things got worse,she and her family are threatening us by filing 498a back home.I did some research and found this rule called 'law of land'.I am trying my best to help both of us staying together but her family is making it dificulut for us.

I have only one question:

Since i got married in USA according to laws here and registered here,can she still threaten me with 498a and family asking for huge heft amount.Would the law of land be not applicable in my case,and can i not have a fair fight.All i want is sit,talk and resolve.Would i be still subjected to indian draconian laws ?would my family be harassed back home.What can i do to save myself and family since we got married here.I am not looking for an escape route or have any premeditated plan to marry her here.We just got married here bcoz of visa issues.

Any help would be really appeciated as everybody in my family is losing health over this issue and quitting job because of this pressure

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3 Replies

Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com) 14 December 2014

Mr. Sunay,

I'm afraid but charges u/s 498A may be levelled against you/family despite your presence in the US. I'm sure your lawyer would be better disposed to advice you on the best recourse available to you taking into account the nitty gritties involved and the peculiarity of your case.

Thanks

SuperHero (Manager) 14 December 2014

Nothing to worry my friend. When you got married in USA and your marriage is registered in USA.

Indian Laws can’t do anything in USA. Because the jurisdiction it matters. Be Brave and courageous.

Since both are well qualified no alimony or maintenance, they will ask Million Dollars, because it is Free Money. They can’t file any cases in India and they can’t prove anything in India. They are threatening you.

One advice is don’t travel to India. And be careful they might call the police in USA and file a domestic violence case.

But again they have to prove it. Consult attorney in your local area. Some of them will be free for first time visit.

Start collecting the evidences, record all the conversations. Never use any un parliamentary words.

Don’t quit job. You should have patience and tolerance at this time. Better let your friends and neighbors know what is going on in your Family life. Let the Indian community know.

Remember always. If they show 1 Finger at you and there are 3 Fingers pointing them.

Good Luck!!!!

Samir N (General Queries) (Business) 14 December 2014

As both of you are Indian citizens, Indian Penal Code (IPC) is directly applicable to you, even if the alleged crime was committed overseas. There is some explanation in the Indian Penal Code that clarifies situations when one or both (defendant or plaintiff) are foreigners and if the alleged crime took place in India or overseas. All of this does not apply to you because you are both Indian citizens. The short answer therefore is that YOUR CURRENT RESIDENCE IS OVERSEAS OR THE FACT THAT YOUR MARRIAGE TOOK PLACE OVERSEAS IS IRRELEVANT AND ALL THE SECTIONS UNDER THE IPC would be directly applicable to you. But the Indian draconian laws against husbands have lost their edge in recent times thanks to some Supreme Court judgments. Therefore, do not be concerned at all. Just ask your parents to ignore any filings against them. You need to protect them psychologically by trivializing these things to them.