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Roshni B.. (For justice and dignity)     28 July 2011

The love I dreamt of for 12 years lasted just 15 days

 

 

‘The love I dreamt of for 12 years lasted just 15 days’



17 yrs ago, Jayesh Pandya went to the US leaving his wife and their six-month-old daughter behind. After meeting them only once during this period, he is now offering his wife money to divorce him.


A 24-year-old woman had dreamt of a comfortable life with her husband who left for the United States soon after their first wedding anniversary. Seventeen years later, the woman and her daughter’s longing continues, but the man has deserted them for the comforts of a western life.

 

Jigna and her daughter Devami longingly look at a picture of their once happy family

 

Jigna Pandya, 41, knocked the doors of the court last Friday against her husband for maintenance under Section 125 of the CrPC and filed an application under the Domestic Violence Act against her husband and in-laws.

Devami was just six months when her father left for greener pastures to America in November 1994. At the time, Jayesh Pandya had promised his wife that he would call her and their daughter to the US in six months. But that was not to be. 

“I too had an ambition when I was 24 that our life would be comfortable once my husband establishes himself in America. However, 17 years have passed, and the promise of a happy married life remains unfulfilled. My husband cheated on us by promising to take us, but never did,” says Jigna, who is a BCom graduate, but never took up work.

Jigna Pandya, who lives at Pushpakunj Society in Maninagar, was married as per custom to Jayesh Pandya of Borivali West, Mumbai, on February 25, 1993. Devami was born on May 8, 1994.


Just six months later, Jayesh left for the States on a visitor’s visa.

According to Jigna, her husband continued to stay there illegally and in 2002 applied for a Green Card family visa, naming his wife and daughter in the application. He received his Green Card in 2005, but did not inform his family. In the Diwali of the same year, he came down to Mumbai. 

Jigna and Devami, who had shifted to her parents’ house in Maninagar following harassment by her in-laws in 1995, were ecstatic. They met him after almost 12 years in Mumbai. 

Jayesh Pandya with Devami when she was 6 months and Jigna, then 24


Devami, who was almost 12 then, couldn’t control her tears and hugged him when they met. This was the first time in her knowing years she was seeing her father in flesh and blood. However, their meeting was short-lived.

Says Devami, who has scored 72 per cent marks in class 12 and is waiting to enrol in a college, “My father picked me up when I was six months old. I have no memories of those moments, but when I saw him in Mumbai I hugged him and cried. The love I longed for 12 years lasted only for 15 days. Dad returned to America, giving us hope that I and mom would soon join him. I used to often tell dad on phone that we can live comfortably in India, but he used to say that the lifestyle there was too good to be renounced and that he would call us there. But the promises were empty.”

For the next five years, Jayesh kept dodging them and gave them one excuse after another for not calling them over.

In 2010, Jigna came to know that her husband had already become a US citizen. When she confronted him, he asked her to send their police verification certificates, birth certicates and passport copies. Jigna promptly sent the copies through email in December 2010.

There was a flicker of hope on April 13, 2011, when they got a call from the US consulate in Mumbai for a visa interview. At the consular office they were asked to deposit two drafts totalling Rs 36,600. However, their visa was rejected after the visa authorities realised that Jayesh had sent the Green Card papers for his wife and child instead of citizenship papers.

Says Jigna, “I have not received my husband’s love for more than 17 years. But what wrong has my daughter done? Why should she be devoid of her father’s love? She has just started her life.”

Devami with her mother Jigna and grandmother at their house in Pushpakunj Society in Maninagar


“Now, my husband is offering me money for divorce. Did I wait for 17 years to separate from my husband?”, she asks.

According to Jigna, her husband deliberately left them behind. Through advocate Dharamvir Gosai, Jigna filed an application in the family court last Friday for maintenance. On her application, the family court has issued a notice to Jayesh Pandya at his workplace in Los Angeles. 

“He has not cared to send money for our maintenance for the past four months. He works at Annes Motel in Los Angeles and earns $7,000 (Rs 3.15 lakh) per month. He lives a luxurious life while I and my daughter are living a blighted life,” says Jigna.

Jigna has also filed an application under the Domestic Violence Act against Jayesh Pandya, father-in-law Bhalchandra Pandya, mother-in-law Vasumati, brother-in-law Jitesh and sisters-in-law Pallavi and Priti.

She said, “As per custom my parents had given me gold and other valuables which is now in the custody of my in-laws. After the birth of my daughter, my in-laws had started harassing me physically and mentally, saying that I did not bring anything from my family. When I couldn’t bear the humiliation any longer, I shifted to my parents’ place in Maninagar in 1995.”

Despite their tragic story, Jigna and Devami have managed to hold their head high in society. However, there is a tinge of sadness in Devami’s voice when she says, “When I see others of my age with their father, I too long for my father’s love, though my mother has never let me feel his absence. My uncle Vipulbhai is our everything. He has always stood by us and made us feel at home. He has looked after me as his own daughter.”

 


 

 



 


Learning

 22 Replies

Saurabh..V (Law Consultant)     28 July 2011

@Author

 

I do not understand why and how DV Act is attracted in this case? When he left after one year and since 17yrs he is not living under same roof, how could a complaint be even accepted containing this section?

 

Though S.125CrPC is certainly her right but again I fail to understand, that how suddenly after 17yrs the wife wants this benefit. It couldn't be so that she didn't she needed or deserved it earlier ?

 

I don't know what has forced this lady to file such case but I seriously apprehend, this marriage which was alive since 17yr olny in papers, is nwo about to be declared "over" formally.

 

//peace

/Saurabh..V


(Guest)

DV law was passed in 2007,not 17 yrs. earlier.So she could not file it.

 

Now she must be facing hardships more than ever before.Daughter is also growing up.So expenses may also be rising.Then worries about her marriage expenses.

 

If she had filed earlier,then you men complain that women aare revengeful and treat NRI as ATM machine.Now when she stands up for her rights 17 yrs. later,you pin point here also.

**Victim** (job)     28 July 2011

I noticed here husband has filed GC papers instead of Citizenship papers...unfortunately U.S. Govt has allowed sponsorers to file temporary GC for their dependents which is valid for 2 years so in case if someone tries to misuse benefit of Green Card they can't do so. Normally there is no Citizenship petition directly first of all sponsorer have to file GC petition and then after staying 5 years in U.S. jurisdiction GC holders are entitled to be U.S. Citizen.


But here the case is totally different i wonder why they were denied for VISA ? One of the main reason for their denial is how come husband is filing VISA petition after such a long time ? Also any children who turns 21 years are not eligible for blood related VISA. In this case husband is responsible for the complete disaster. Jigna and Devami both are entitled to come to united states since they are blood related. Although filing Crpc 125 is Jigna's right and she is entitled for it. 

Parth Chandra (none)     28 July 2011

Some interesting points if anyone (Everyone) is going by assumption that husband is wrong

 

1) It may so happen that wife was cruel and hence husband did not turn up for this long while maintaining them all these years.

 

2) Wife instead of staying with in-laws to whom she has implicated now - went to her parents and did CHAKARI of her parents all these years - DID SHE GET HER SHARE ON HER PARENT'S PROPERTY BEFORE ASKING MAINTENANCE FOR HERSELF - I M NOT COMMENTING ABOUT MAINTENANCE FOR DAUGHTER.

 

3) Wife who had made allegation of harrasement against in-laws did not raised a single voice till date as husband was maintaining them and they got to stay in her parent's house.

 

4) Why would a husband send divorce papers after 17 years and not before

 

5) What prevented husband from going into live-in in US if he had illmotives - THERE IS NO SUCH ALLEGATION OF ANY AFFAIR

 

Conclusion - ANYTHING AND EVERYTHING BOILS DOWN TO MONEY NOW A DAYS OTHERWISE

If husband would have continue sending money and luxouriouse gifts to wife - she would not have mind residing in her parent's home without any duty to her in-laws.............the reason she filed these cases is husband stoped sending money.................I can understand crpc 125 .... but why allegation to in-laws?

Mentally Depressed (will tell you later)     28 July 2011

Definately its sad story what is the version of other party?

Mentally Depressed (will tell you later)     28 July 2011

Here I don't thinsk husband is living lavsishing life there as he is too depressed there struggling for Green card /Permannent residency and was running from pillar to post

Ravinder Kumar (Account Director)     28 July 2011

Sad story, NGO/women right s should help this lady and her daughter...

Mentally Depressed (will tell you later)     28 July 2011

I cannot read any more

Ms Liberal (others)     28 July 2011

Originally posted by :Mentally Depressed
"
I cannot read any more
"

i THINK YOU NEDS SOME THERAPY as you have to be take part in all this being LCI Member

1 Like

gagan (NO)     31 July 2011

Completely agree with Zeeshan... there can be another side of the story as well.


(Guest)

Why Domestic Violence act when they are living seperately how can Domestic violence take place .

Has cruelty taken place - No 

Desertation - No as they had mutally agreed to live far away .

He cared for them for the past several years and sacrificed his life for them to lead a comfortable life in India by sending them Money . CRPC 125 is okay as he has not sent money for the past 4 months  .

Most probally she was leading a comfortable life with her parents or her parents were dependent on her as they had some other problems and could not make do without her and she did not want to live with her in laws and hence wanted her husband to become Ghar ka Jamai ..But nowdays everything boils down to money .Only after having heard the other side of the story can we conclude .

Maybe DV is Filed to get the husband down on his Knees as he would have to be present on each and every date of  the case and he would lose his job . Cant this be a case to harass him or we can call it venganence .

1 Like

Rocket Man (na)     04 October 2011

This artical has lots of contradictions within!! Accustion party is not innocent as she is pretending to be!!

Rocket Man (na)     04 October 2011

One shouldn't cut off the hand that is feeding them! Jigna was denied the visa due to her big mouth and vindictive behavior towards her husband!! She went to the interview and did her drama about her husband/sponserer being such a criminal!

**Victim** (job)     04 October 2011

Originally posted by :Rocket Man
"
One shouldn't cut off the hand that is feeding them! Jigna was denied the visa due to her big mouth and vindictive behavior towards her husband!! She went to the interview and did her drama about her husband/sponserer being such a criminal!
"

 

How do you know that Jigna did her drama during visa interview ?


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