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raju (no)     15 December 2011

Reconciliation of marriage

Hello everyone,

    I got married last year in Jan and stayed with my wife only for 10 days and then retruend to US. She refused to come with me to US and was fighting constantly over the phone for each and everything saying I screwed her life by marrying. She refused to goto my home and stopped talking with me for 10 months. Later she sent a notice saying im torturing for Dowry, which i never did. After few months she has filed a case for "reconciliation of marriage". When we try to talk with her or their parents they refuse. Im not clear what she needs. She never talks and she still files a case for "reconciliation of marriage". She works and earns good money. She even didnt speak with me properly before marriage. Now im confused if I really need to spoil my life by fighting to live with her. Please advice the procedure to file a divorce or marriage annulement. If i file divorce, do i need to pay money as she already works and earns well? I dont have any evidence of her past or dont know if she has some affair with anyone. Please help!!!

My friends say that i cannot got to India now as i have a case in progress and my passport and visa will be blocked. Please advice if its possible to block my VISA and how can i know if it has been done. She has not filed police complaint on me.

Thanks,

Anbu 



Learning

 9 Replies

**Victim** (job)     15 December 2011

Dude just relax this is just starting and your visa can't be revoked just easily it is a very lengthy process and never ending. If she is a working women and can maintain herself then she will probably loose chances to file maintenance although by filing fake 498 (a) ---> Dowry case on you she might force to extract money from you. I suggest you do not fly india there is nothing to worry as long as your passport or visa cancellation is concerned but if by any mistake you travel india and try to fight any litigation then you might get stuck there. Just hire a lawyer in india by giving him power of attorney and let him deal with the issue. Long story short as long as you are in U.S. you don't have to worry about anything just relax,chill and have some beer.


As long as living with her is concerned if this is the starting then you know what you are going to deal with in future it's better safe then sorry. Although if the time permits and in case if both of you understand each other in future then you can definately consider yourself to live with her. Choice is yours whether you want to get over with it or you want to deal with it. If you want to end this then let her ask for divorce so that both of you can file mutual consent divorce but if you go for contested divorce then you might end up paying huge alimony my friend.

Alok Tholiya (self employed)     15 December 2011

hAVE U RECORDED HER TELEPHONE CALLS ?? Which u shud hv specially u r abroad and hv access to these gadgets. Email me that conversation to know why she feels her life is ruined??? And only then I can advise. If y r covering up / underplaying her statement of having ruined her life then how can one advise. 

If her statement is false then prove that and take on headon...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

Dude,

 

First be patient and have heart.

 

See what allegations she has put and then set about working how to defeat her claims and allegations.

 

Be in touch with a competent advocate in her area to sort out any issues which crop up from time to time during litigation and fights.

 

 

Regards,
 
Shonee Kapoor

Dr. GYV Victor., PhD., CEng., (Chartered Engineer Dredge Master (STCW 95) Marine Shipping Contracts Customs Arbitrator and Consultant)     17 December 2011

Well, 10 days of married life could change the prospects for you adn that is enough for her to prove "screwed her life" and you didnt prefer to tell us if you applied for her Visa and if so have you already received and if so have you informed her about the visa status. If you have not taken any steps and measures to apply for her visa, then the same shall go against you for your inaction, and she may have a strong case to make out against your intention of creulty.

If you have a valid visa for her, try to reconcile and lead a life of harmony, if you dont have one, apply for the same and try to move ahead in life. Dont jump into conclusion of suspecting the past, and if you do so the responsibility to prove shall be your liability.

Unless you are arrested under DVA or under dowry complain and detained for questioning followed by the court permission to take you into custody for questioning, even then your visa shall not be revoked

1 Like

Alok Tholiya (self employed)     18 December 2011

Dr. GYV,

Very human, factual and responsible and legally correct and yet unbial reply. 

God bless you. 

**Victim** (job)     18 December 2011

My opinion is bit different from what GYV victor is saying. 10 days of married life is very short enough yet enough to file 498 (a), Crpc 125 and claim a huge alimony in terms of settlment.  In order to file a visa petition wife has to cooperate firstly to apply for a damn passport if no such action is initiated how the hell he can file a visa petition ? All such proofs are required in order to file a visa petition.

**Victim** (job)     18 December 2011

It clearly states that in order to file a visa petition either form I-485 OR I - 130 a copy of passport of spouse is required without it petition cannot be filed. In author's case wife is completely refusing to join him then there is no question of waisting money on visa petition.

rajiv_lodha (zz)     18 December 2011

Let the author divulge some necessary details!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Also, if the problem is resolved outside the court, its better.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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