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andy (None)     29 May 2013

Wife files divorce in usa, and granted, can now file 498a?

 

Please help me, learned and knowledgeable experts...

I am an NRI, and I married an Indian woman 7 years ago, and last year she left the home 2 weeks after getting green card in hand (green card sponsored by me). Withn 2 months she filed a divorce case, with the grounds "irreconcilable differences". She hired a laywer.

I also hired a lawyer in the US and responded to her petition, and did not contest. Both of us subjected to the US law (California) and then our lawyers followed the due procedures and helped us formulate an agreement, and we both signed an agreement, by which I shared half of the marital property. 

The judgement was granted 2 months ago, and I payed the money (pretty hefty sum) amounts to her and I have evidence of her encashing the cheques. I have been paying her alimony per the settlement agreement. 

We also signed a clause that this is the full and final settlement of the divorce case, and that neither party will pursue any further proceedings against each other within or outside of the US. She signed it too.

Now 2 months after the US judgement / divorce decree granted, she is threatening my extended family and parents of "dire consequences". She called them up and threatened verbally that she will file a false dowry case and other false cases to make them suffer like hell...and that the US divorce case was only the first "blow" againts me, and more is to come.

My question to you esteemed panel of experts is that, she being the petitioner in the US divorce case, and the divorce having been already granted:

- Can she challange the judgement in India? After all, she is the one who filed for divorce, she was the petitioner in US, the court granted the divorce and she took the money, property etc. per the agreement...!!

- Will this US divorce decree be valid in India...? Do I have to do anything to get it validated? I am the respondent, not the petitioner.

- Can she still file a 498a case or domestic violence case etc. against me or my parents in India or my extended family in India or US? What are my legal options, grounds etc. to quash those nonsensical cases?

- Will my parents be arrested etc.? I will send them a divorce decree copy...

- Can she ask for additional maintenance etc. in India? In the US agreement, she accepted the alimony amount and signed saying it is more than enough to meet her needs! She is also employed in the US.

I am thinking of starting criminal proceedings against her in the US, due to her threats. I have phone records of the calls made by her.  Will that help in any way to fend off the cases brought against me in India? 

Please advice what are my legal options. Please also provide me with the contacts of good family laywers in Hyderabad, AP, India.

Thank you in advance for the advice....

Regards.

Andy



 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 May 2013

What reasons she has stated in the divorce petition?  Take the certified copy of the petition and judgement passed in USA.  Even if she filed 498A after divorce is not maintainable, but what contentions she takes it to be looked.

andy (None)     29 May 2013

Dear Adv. Rajeev Ji,

 

In the petition she filed in the USA, she stated "IRRECONCILIABLE DIFFERENCES" as the grounds. Any other grounds would have required proof, which she did not have.

Both she and me have subjected ourselves to the jurisdiction here in California, USA -- does this not mean MUTUAL CONSENT divorce?

The confusion I have is, can she name my parents, brothers, sisters etc. in the 498a, but not me, and will the 498a case stand? Can she put Domestic Violence etc. on me or against my family members now, that the case is over in the USA?

Thank you so much.

Regards

andy


(Guest)

There`s no ground for `irreconcilable differences` in India,so that divorce is not valid in India.Nevertheless,you have a strong case as she herself filed for divorce and subjected herself to US jurisdiction and has got divorce after agreeing to property transfer and also that she will not file cases anywhere else.

Once she lands in India,she will become Abala Nari and pretend that you forced her to sign the documents.Nevetheless judges will take into consideration that you have got divorce from her after paying her money not harassing her for dowry.

Your parents are reasonably safe as due to the distance,they will get AB if she files 498 A.And the divorce document will be a considerable help towards that.Record her threats and keep it for safekeeping.If you file complaint in U.S she will file 498 A for sure in India where the laws are favourable to her.

andy (None)     29 May 2013

Dear red,

Thanks for the advice.... you have given me hope and encouragement. 

>> There`s no ground for `irreconcilable differences` in India,so that divorce is not valid in India.

OK, but can she go to court in India and claim that the divorce is not valid...?? After all, she is the one who filed the divorce, not me!!

And I am never going to challange this in India. I would still want an official stamp of validity of this In India.

Can I go to court and get this divorce validated in India, given all the reasons you have cited...viz

as she herself filed for divorce and subjected herself to US jurisdiction and has got divorce after agreeing to property transfer and also that she will not file cases anywhere else.....that I have got divorce from her after paying her money not harassing her for dowry.

If the divorce is validated in India, then will help my side to thwart and quash 498a, DV etc.?

Thanks very much

Regards

andy

Advocate Ravinder (Advocate/Attorney)     29 May 2013

You have not cleared whether your marraige was performed. In India or USA.??

When you married her what is the citizenship of yourself and your wife. 

If you clarify the above doubts, I can answer properly. 


(Guest)

This divorce is not valid in India if one of you contests it as such grounds for divorce do not exist in Indian law.If both of you agree then it is a valid divorce.Am not sure if the person who filed divorce in U.S court can subsequently annul it through Indian courts but it`s not beyond possibillity for your wife to claim harassment from you for her signature on such a petition.

But if you can show that your wife has indeed got property/hefty money from you on the basis of the divorce agreement,then it becomes clear that there`s no dowry harassment and indeed a good settlement from your side on what`s actually a petition from her side.Based on valid foreign divorces,Indian courts do quash DV cases andf 498 A cases and these judgements can be searched and quoted if your wife does take such action.

The only way you can validate such divorce in India is to file a mutual divorce petition or file a contested divorce against your wife on one of the many grounds available in India,ie cruelty,adultery etc and proving it.


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