(Guest)

Foreign RCR from U.S.

I want experts advice here.............i am U.S. Citizen and i got married according to Hindu Marriage Act last year in Feb 2010............my miserable wife has filed fake 498 (a) and Crpc 125 on grounds of desertion and i want to contest this case from U.S. itself...........does anyone know if it will be valid in india ? Can i file RCR or similar case from U.S. to prove that i have not neglected my wife ? I don't have any future plans of getting married again i am 26 years and she is 23 years.......we would have rather lived happily rather then getting in such issues..........her greedy parents are teaching her all such stuff and they want serious money from me in order to give divorce...........we got married in court just because i can file her visa papers but now i am stuck with this drama..........neither she wants to give me divorce neither she wants to come with me............she just want money.............i repeat i have not neglected her and i am damn serious to prove myself.........only problem is indian law is completely corrupted no matter who i go and speak with no one wants to listen my........cops are asking $ 1000 and sasural is asking $ 10000....fact is i haven't even slept with my wife one single day....and i m stuck so badly........"Is there anyway i can prove via U.S. Courts ?"

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Tajobsindia (Senior Partner ) 27 April 2011

@ Author

Foreign un-contested divorce are not valid on Indian Soil. She has a right to file anything in India whether true of false the judgment at the end of contested suits declares the acquittal or conviction. Your pre-assumption now that you are in US soil about image of India as proxy arm chair writer is not bad afterall and if you want my opinion and I quote you then at 26 years age if In Laws are asking just $ 10,000/- which is roughly Rs. 4.30 lakhs then it is not a bad deal keeping your youth and productive years better invested as proxy litigant whereas my guess for a green boy is that a ld. Advocate will end up charging you via POA (Power of Attorney) contest these three cases roughly Rs. 2.5 Lakhs at the end of the day which is not clear how many years it will take. So make a wise decision if she and you are still virgins which I doubt as every Indian men dream of a virgin bride as if medically it is a divine gift to Indian soils!

OR come to India and with $ 1000 which Indian Police is allegedly asking, you can easily fight yourself these three cases by having homely food. Now see where your priorities in life are as proxy litigant and Indian matrimonial cases are not won on proxy war i.e. POA (Power of Attorney basis).

(Guest)

Tajobsindias- Your response is confusing and IMHO lacks legal substance.

I am not a lawyer and hence what I am proposing is from knowledge gained from attending US family courts. I think a strategy for the original author could be as follows:

1. Husband ( US Citizen) files divorce case in US - grounds - irreconciliable differences. In that lawsuit, husband also files DV - mental/emotional abuse. Courts provide DVTRO ( Domestic Violence Temporary Restraining Order) and Stay Away.

2. Husband goes for mental health counselling and confides the facts to the US Counseller.

3. If women makes any move to contact Husband with papers, documents from India, Husband files for violation of DVTRO and files criminal charges. Once there is any US criminal charges on women - GAME OVER.

( Everything uptil here can be done in less than $100 )

4. Husband gets US court orders promulgated in India. ( I assume India will honor US court order ?? )