cpc

wife harassing nri husband – seeking divorce


I am in a highly depression stage because of my wife & her family. I got married in the year of June 2008. I am a NRI & working in Australia and we both (me & my wife) are PR there.  She always forced me to spend all my earnings for her expenses & not to send any money for my parents. Eventhough I am earning more than 20 lakhs per year, till date I am able to send only 50,000 for my poor parents. That too without my wife knowledge.

No the problem is like this. Last month she went to India & stayed in her parents house of a month. Suddenly one day I was called by her father (by phone) & he said I am impotent & not even a decent man to run a family life. I was totally shocked by his allegations and rushed to India next day morning itself. When I reached their house, I was ill-treated by my wife, her father & mother. They said that hereafter my wife won’t go to my parent’s house & I should not send any money for my parents or spend anything for my relatives. If I want to meet them I need to go alone & my parents should not come to Australia. Actually in the past 1 year 8 months of married life she stayed in my parents’ house (with me) just 7 days (just 2 times I visited India) only. Finally they all threatened me that if I am not accepting for the above, they will file a case stating I am impotent & I am continuously nagging & torturing my wife. They used so much of bad words that I never even imagined from a decent family. Due to shock, that time I didn’t say anything & left their home.

Within next 2 days they asked me to meet their lawyer. Her lawyer was doing some counseling & asking us to live together for few months as per my wife’s wish or give mutual divorce. After coming back to Australia & seeing her reaction I have decided to give divorce. Now her side doesn’t want to do divorce. Just now I realized that they just threatened me & they don’t have any intension to go for divorce. Since hse earning very little & wanted to live in Australia she needs me. They say if I force for divorce she will go to Australia police and complain that I am beating & torturing her. At the same time they also will file a case in India under dowry act & stating impotency. Actually I want to leave her and take care of my family. I have following questions in mind now;

  1. I am not an impotent. Moreover I am very confident about myself. Even she knows about me very will. Now after coming here she says that she is not s*xually satisfied with me that’s the reason why she said I am impotent. Is it possible for them to file the case in this ground even after around 2 years of married life? If they do what kind of test I need to take to contest it.
  2. I never got any jewels for our marriage. We have bought one house in Australia. For that my parents & her parents jointly given 10% of property value. Rest of 90% under bank loan. I am the one paying installment every month for that loan. Is it possible for them to file dowry case against me & my family and put us in jail?
  3. If she complains that I am beating & torturing her in Australia what will happen? Will I loose my job & go to jail because of that?. Actually I not even beat her one time in the entire married life.
  4. Shall I take initiative & file a case in India under cruelty act & stay somewhere else. Presently I am with my wife.

I am expecting your sincere advice. Please help…

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

you have to file informatory application in India as well as in Australia police


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Hi sir, informatory application means what? What should I report to Australia police.

Sometimes she says we can go for mutual divorce if I am ready to pay some amount everymonth until her next marriage. I am ready to pay for my wife. Its not a porblem. But she is not in study mind. She just reacts whatever her family says.

I worry if i take initative to file the case first or report to police they may drag this divorce process for long time.

Shall i wait or file the case first. Also please help me to answer for the above four questions. Thanks for your advice.

 
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1. Under Hindu Marriage Act, "impotentcy" is not a ground for divorce.  It is a ground for annualment of marriage, if there is no consumation of marriage due to impotency.  That is not the case herein.  The marriage is consumated.  Hence marriage cannot be even annualed and divorce cannot be granted on that ground.  The long cohabitation also prove there is no impotency.  Further, She has to prove that she is virgin before asking the court to send you for medical test for proving your potency.

2.  There is prescribed procedure laid down in Dowry prohibition Act to show that dowry is given and accepted.  It is her responsibility to prove and she will fail to prove that dowry  in the shape of jewellery was given.

3.  You have to check up with Australian local laws about domestic violence.  In India by giving false examples, she can file cases under domestic violence as well as dowry prohibition and Section 498-A cases and you have to contest them on merits.  The 10% her parents paid for the flat, is her "Stri Dhan" and she is entitled to recover it and you have to pay 10% amount or sufficient compensation depending upon the situation.

4.  You can file divorce case, if the marriage is solemnized in India on the ground of cruelty.  If the case drags for years, both husband and wife come to mutual consent divorce and they will get the same.


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Thanks a lot for your asweres Mr. Prabhakar.

I would like to correct my third question. Actually her parents gave only 5% of property value , rest 5% given by my parents. Means both the families are invested 50-50 of initial payment. Rest 90% loan under my name and i am the one paying monthly installment for the past one year. Moreover we bought house under Joint name. By law if i sell the house (i cant sell it myself) I have to give her 50% of the amount. Its ok for me to share the profit. She actually dont want me to sell the house now and drag the divoce process so that i will be paying everymonth installement and she will get 50% of that profit.

My question is will the above help for me if she put dowry case on me? Anyway i am very happy for the answers. The marriage is solemnized in Chennai & i am planning to apply the case in chennai only.

Any other suggestion for my case... Thanks a lot for all your contributions.

 
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Lawyer

 

hello Prabha

i agree with mr. prabhakar

prefect answer

 

m.a.anzar 

advocate 

http://www.lawdeskindia.com

 
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I have an question now. The property what I have is in Joint name (me & my wife have equal share). We have put only 10% when buying the property, the rest 90% by bank loan. I am the one paying everymonth bank loan instalment.

If i sell the property do I need to give 50% of property value??? Meaning I have to settle all the loan by myself.

(or) after selling the property & after settling the bank loan banance, the balance money will be shared 50% each? Which one is correct?

Another question is that, if my wife not allowing me to sell the property what should i do? (without her sSignature i cant sell the property). She is thinking that, if she is not accepting to sell the property I have to keep on paying monthly installment & she can live in that house untll i settle all the loan. Can i do anything from my side to sell this joint property or legally asking her to share 50% of loan installment every month? Please advice...

 

 
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