(Guest)

Crpc 125 U.S. Citizen

I am U.S. Citizen and i got married in india Feb 15 2010 with the intention of filing visa for my wife......but before even i start the process she calls me frm india tht she wants to get seperated and does not want to come U.S. ........i was completely shattered when i heard this but after much deliberation i made up my mind and decided to give her divorce since she was not willing to come U.S......when i went down there i thought it was going to be smooth transition but unfortunately they demanded settlement amount of 5 lakhs i questioned them that "why should i pay you guys when i didn't neglect my wife" ........in response they filed fake 498 A against me but i left india right away before even they register FIR.......i haven't even stayed with my wife single day we didn't even had any physical relationship so far and now they are demanding settlement amount...........now after 1 year of period they filed Crpc 125 against me my question to experts is "Can i write a letter to Hon'ble judge stating that i have not neglected my wife and she is the one who decided to get seperated" is this going to be considered or should i hire a lawyer and give him power of attorney ? kindly advice since i don't see myself travelling to india since it's not safe for me......greedy sasural (Lump sum Rs 5 lakhs) and greedy cops (Rs 20000) are waiting for me.......i am against any settlement and i don't want to give them any money since i have not neglected my wife.....they are just greedy and finding all means to ruin my life............"Can i write a written letter to honble judge stating truth or should i hire a lawyer ?" pls advice

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3 Replies

Vibhor Verdhan (Lawyer) 27 April 2011

Dear Mr. Dipak,

Kindly provide all the desired information and facts to me on vibhor_verdhan@yahoo.com; verdhan.solicitor@gmail.com

SandhyaSrinivas (Advocate) 27 April 2011

Dipak, you cannot write a letter to Hon'ble judge. Best thing please take a service of an advocate, who will represent your case.

If your wife is a working woman, then you can produce documentary evidence of her salary, may avoid payment of maintenance.

If she is a home maker, she is absolutely entitled to get interim maintenance without hearing your evidence till the disposal of the case.

Even they can file Domestic Violence Act against you claiming damages for conducting marriage.

It is not power of attorney, it is called vakalath.

when i didn't neglect my wife" If you neglect or not will not be considered.

Otherwise, if you are willing to rejoin her, you can file a Restitution of Conjugal rights seeking the permission of the court to direct your wife to rejoin you, in that contest you can argue that you are ready to maintain your wife at your place. Filing RCR petition proves that you did not neglect your wife.

(Guest)

Experts thank you for your advice i guess end of this story would be i would be declared PO. RCN will be issued against me...............life goes on.....................sorry no maintenance as i said i have no plans to get married again..............RCR could be my option but in that case still i have to present in india.............i have no property neither bank account let them prove tht i have neglected her.............i will "WAIT & WATCH"