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PP (homebody)     28 February 2010

NRI Divorce

Hi,

I got married to a Indian-born American citizen in August 2006. Since he was on a 2 weeks leave, we just met and the marriage was conducted within 10 days of us meeting each other.  We got married and he left the next day for USA. He then returned in the end of November and spent 2 weeks during which we visited relatives and spent a couple of days alone. It was during this time that i was able to observe him and guessed that something seemed to be amiss. Then at one of his relative's house, they showed me a photo of his elder brother and told me that he suffered from genetic problems. It was then that I also recalled that my husband's nephew, (his sister's son) was also not a mentally fit individual. By then my husbannd had left for USA and the VISA process was started to enable me to join him. However, meanwhile I called up my in-laws and also my husband over phone and wanted to clarify things. I also wanted to know what was this genetic affliction and whether my husband was also sufferring from all this in any way. The family's response to my questions was that ' we don't know anything and we told you everything before marriage'. Fearing the worst, I denied going to my  visa interview. Only after this rejection, my husband called up to tell me that 'his family was planning to tell me everything once I reach USA'..on persistently asking him about what the issue is, he shut up like a clam. when I kept on insisting that I wanted to meet him and his family members, he stalled the issue by saying that they travel to India only once in 3 years and their next visit would be in 2009. I told him that I was willing to wait all these years before I feel safe and can trust him and his family to join him their.  No further correspondences took place and now, he has filed a petition at the court in USA seeking divorce on the grounds of abandonment by me.

On hearing this I was shocked and angry. Is there anyway I can bring this vile action and fraud by this family to the notice of the authorities in USA. How much will this cost me in terms of rupees.

I'd be happy if anyone could give me a few pointers in this issue.



Learning

 5 Replies

sweta singh (n/a)     28 February 2010

in my view u can also file a divorce case in india as well......as well as under section498A for haraasment & cruelty if u want 2 get separated 4m him........seeing ur case i thnk u shuld giv him divorce whether there or here...bcoz it shows they want 2 get rid of u.....attending court there will b costly 4 u its on ur conscience wat u want..........

Suchitra. S (Advocate)     28 February 2010

Harsh Sir, I respectfully request you to give your honest opinion to the given querry, along with the information about your mail ID. This is an interactive platform where public expect guidance to their problems and doubts from legal faculty. Otherwise, it would turn into an advertisement site.
 

Alok Motan (Advocate)     01 March 2010

 

Hey there.....

my advice would be........

file a petition : - UNDER SECTION 12(1) (b) & (c) FOR THE NULLITY OF THE MARRIAGE OR IN THE ALTERNATIVE FOR THE DISSOLUTION OF THE MARRIAGE UNDER SECTION 13(1) (ia) & (iii) OF THE HINDU MARRIAGE ACT 1955

PLS NOTE : THIS IS ONE PETITION ALTOGETHER

 

as well as ONE CASE UNDER SECTION 415/34/120-B/114 IPC against all ur inlaws (INCLUDING MOTHER-INLAW, FATHER-INLAW AND THEIR RELATIVES THAT AT THE TIME OF MARRIAGE NEGOTIATIONS FACTS WERE CONCEALED FROM U/UR FAMILY ETC.........as well as file defamation case ......

 

 

else go with Shweta's advice........

 

THANKS

Harsha (Legal Practitioner)     01 March 2010

I agree with Suchitra.

This is a platform where in we respond to the queries of the people irrespective of caste, creed, s*x, religion etc. So I belive that we should not use this for other purposes.

 

Regards,

Harsha.


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