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Die Hard (business)     16 September 2014

Us citizen in the hands of 498a family

Dear friends,

Long story short. Marriage is 5 month long (only we stayed 3 months together and 2 months separated). Wife and in-laws wanted to control me and doesnt want to send wife to US. My wife has psychological issues and she always dance to her father's tunes and was creating money/jewel related problems and placed false blames on me and my parents. Wife filed a false dowry complaint in AWPS; IO enquired the facts and found wife was lying. IO DID NOT FILE FIR. Both were referred to counselling. In the counselling center, she made a fresh allegation that I have no interest in Sex and claimed im Impotent. I denied the s*x allegation and agreed to go for Potency test. My bad luck, i found out i have low sperm count (i never knew i have this problem until that time) and the doctor said there is very little chance of normal pregnancy with that count level. I didnt want to cooperate for further counselling. My Father-in-law got that report with low sperm count of mine without my consent. Counselling officer gave a negative report for me since i did not cooperate. Then the case was referred back to IO. IO then asked me to appear for an enquiry in DCP office. I explained why i did not cooperate saying that the s*xual allegation was false. DC convinced me to go and take the potency test as my wife said she will come and live with me if i agree to take test. I took the test and the result was favourable to me and proved I'm Potent. 

Then, Wife moved to High court and filed a CRLOP against DCP to register a complaint against me. That case got refered to mediation. Now, wife takes a new stand saying she is not willing to live with me. She is not agreeing for mutual divorce either. She is asking me to accept the impotency allegation or she is threatening me that she will file divorce on impotency ground and asking me to contest. Clearly she wants to harass me and inviting me for the battle instead of me focusing on my career in US. I lost my job due to her and pissed off now. All Police officials are supporting me. My father-in-law has influence in high court and he is misguiding my wife which is the reason why he wants to deal everything in court.

This is second marriage for both that's why she is forcing me to accept impotency allegation to make the marriage null and void using 498a so that she can come out clean. she is in touch with my ex and actively collecting fake evidences from my previous marriage. What should i do now?

 

What should be my stand at this stage to prevent maintenance, permanent alimony? 

Can she do anything with that low sperm count report?

Can I simply ignore her and go to US in search of job along with my parents and contest from there if she files any divorce case? I don't want to spoil my chances of coming back to india forever.

If I go to US, can she take my property (under my name) ? Should i sell and dispose off?

One of my relatives girl is willing to marry me understanding my problem. Can i marry her secretly and live in US at the same time attend the case and not give her divorce (I know it may sound silly. but i really want to take a revenge on this b*tch.. she spoiled my second life)? I have not disclosed about this second marriage to INS or USCIS yet. If my current wife contact them through some way, will they have access to divorce records? Im sure, she will not contest the case in US and prove bigamy.

Please help. I badly need some genuine advice.

 

Thanks!!



Learning

 7 Replies

LoneFighter (IT)     16 September 2014

What ever happened in India, stays in India, I would say if you are a US citizen just stop fighting and dispose all the property <since nbw makes your property attached to the court> and come to US and live. Why do you want to waste your time on useless people. 

You could bring the other girl here, and marrying is not the question for now.  Just marry in the temple. 

In US, she cant contest anything against you and she wont dare to. Advocate fees is too damn costly in US. You must be aware of it.

Die Hard (business)     17 September 2014

Thanks for your valuable responses. Can I file  divorce in India and also in US on cruelty ground based on the incidents so far? When am i eligible to file divorce? 1 year from date of separation or 1 year from date of marriage? Filing divorce in both India and US on cruelty ground a good strategy? The reason why i ask is i can get divorce quick in US (6 months - ex parte) make my divorce records clean in US and marry my relative girl in US - and then run the divorce case in India and then teach the 498a girl and her family a good lesson for spoiling my life.. What you guys suggest? 

My Father-in-law is trying his best to make the police file FIR.. he is unsuccessful so far.. His next attempt would be to initiate a private complaint, DV etc.,. He is trying his best to stop me from going back to US to pursue my career. He may be under an impression if FIR gets file i cant go back with a criminal case pending.. 

Please advise.

Sudhir Kumar, Advocate (Advocate)     18 September 2014

if FIR is registered you going back can be in peril.

 

However you have to decide where to file divorce either in US of India but not both places.

498a warrior (self)     20 September 2014

You said its your second marriage and your present wife contact your ex and "actively collecting fake evidences from your ex".


So why not you do the same thing. You can as well try to find out about her ex and collect evidences, and the exact reason for divorce. Perhaps try to befriend her ex and put him as a witness in the court. 


I guess its not difficult to find about her ex. Simply getting the marriage records from the marriage office.


How does that sound?

T. Kalaiselvan, Advocate (Advocate)     24 September 2014

There is no restriction  for you to travel back to US as of now.  You can go back but remember that the divorce obtained in US for a marriage ceremonised in our country is invalid.  If you are not bothered about her legal actions here in India, just leave the worries and be peaceful about it.  As far as the properties in India, she or nobody can touch or grab it, if somebody tampers with the property documents to grab them illegally, you can sue them, this is applicable to your wife too.  She no doubt is entitled to residential rights, but you can provide her a rented accommodation too, if the court passes an order to that effect.

janaki (admin)     19 October 2014

I am US citizen now. My sister-in-law filled  498a case filed on her husband(own brother) and my mother along with me. I got unconditioned bail on 2000 then I came to USA. On 2005, my mother alone was split by court and got the  judgement not guilty after cross examined the witness and sister-in-law. I never went to India, since 2000. But still case was running in court along with my brother in India. My brother is also USA and never arrested in India.

Now I want to visit to India. NBW pending in the court on me and brother. How to resolve this in court. I am ready to attend trails in court . please advise how will I proceeding these

Sudhir Kumar, Advocate (Advocate)     19 October 2014

if NBW is pending then you have to seek bail for which you may have to appear in court. You may get bail immediately or after few days.

 

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