Matrimonial Issues

Hello Sir,

First we have to consider where the marriage was solemenized or the marriage rituals were performed, then only we can ascertain that whether Indian laws shall be applicable or not. But, you said the husband got the Permanent Residency after the marriage, I am assuming the marriage rituals were performed in India. You  can file a suit for divorce in Canada as both husband and wife reside in Canada, as it will be more suitable for them. Though, under Section 13 of Civil Procedure Code the oreder of the Canadian court maybe challenged but certain essentials have to be proved before stating that foreign judgment is non conclusive.

Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr 1991 SCC (3) 451, the court in this case stated that if the court deems that judgment of foreign court is non conclusive it shall not be considered. But if you are able to proof that the judgment was on merits the Indian Court shall accept the decision of Canadian Court.

It will be i your favor to file a case in Canda due to the Incidence with Canadian Police and where lies the question for article i.e. 15 lac gold necklace if you have proof(photo, eye witness, bill receipt) that such neklace was given in marriage to the girl, you can claim it in the court and also take the plea that the girl is harassing you for money.  

Yes, there is chance for them to file an FIR under Section 498-A . This section mainly protects married women from being subjected to cruelty by the husband or his relatives. And punishment is also given for a term of 3 years along with a prescribed fine . The expression “cruelty” has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. So according to your case, the girl can file an FIR stating harassment and cruelty.

Hello,

You cannot stop other party from complaining. The numbers are already blocked and you  have made payment of car purchase. So you can fight out on these ground if any case is filed u/s. 498 A. If divorce is filed you can negotiate with girl for jewellery given to her. And sponsorship issue can also be one of ground in divorce and in defence in other cases.

Sir, 

As stated above you can not stop from pressing charges against you but, you can save yourself on the ground that neither you nor anyone in your family is in contact with the girl and they have no intention of doing so plus the incidence with Canadian Police will also work in your favour; and for their allegation in respect to dowry, you have stated that you paid for the car. So, in conclusion you do not have to worry if they press charge because from the all the incidences you stated it can be concluded that it is the girl who is trying to harass you and trying to extort money from you. 

Sir,

If the family of girl only want money and have decided to file an FIR, you can press charges against the girl family for criminal intimidation (Section 503) and Extortion (Section 383) under IPC. But please keep in mind before pressing these charges you must have evidence to prove all these incidences you have mentioned earlier and do show that you intended to save the marriage but due to the girls family greed you are filing for divorce.

Sir,

Then you have plenty of proves and witnesses to support your charge, in order to stop the family of the girl from futher harassing you ,asking for money and to stop them filing a charge under Section 498A; you should press charges against them and file for divorce.

Let the police investigate. The boy's parents need to  fully cooperate so that there inncence could be convinced.

Any suggestion on the above hypothetical aspect is beyond the scope and objective of this platform.