Ramesh kumar (chief executive) 24 February 2010

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;

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.
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?
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.
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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6 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 24 February 2010

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

1 Like

Ramesh kumar (chief executive) 24 February 2010

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.

Ramesh kumar (chief executive) 24 February 2010

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.

ANZAR M.A. (Lawyer) 24 February 2010

hello Prabha

i agree with mr. prabhakar

prefect answer

m.a.anzar

advocate

https://www.lawdeskindia.com

Ramesh kumar (chief executive) 25 February 2010

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...