Legal Question in Family Law in California

Dear Sir/Madam,

My name is Rao 30 years Old. I am an Indian am living in USA from past 6 years. I got married 2 years ago(2009) in India as Hindu marriage and it is registered in India. My marriage is purely arranged marriage. After 3 weeks of my marriage I came to knew that my wife had an affair with her brother in-law and Sametime she is having one more affair with her college senior. I gave a strict warning her when I noticed it first time and she promised me she will not repeat it again in future. I trusted her and arranged dependent(H4)visa to her. She came to here and we have started new life here.

4 weeks after she came to here she started to talk them again in chats and telephones .I have complete chat histories with me but I never pointed her any thing. Recently she and her brother in law planned to meet each other in India. She asked me to buy India ticket and she will be back to USA after 4 weeks as she is feeling home sick. After she went to India I told to my parents and to her parents all these things. Her parents are very litigants and they are saying my daughter character is good and you only creating these stupid allegations. Now her visa got expired and she will not apply for visa extension until I send supporting documents to her.

They are asking me to come to India to settle this. What my parents are suspecting is once I reached to India they may put some fake cases on me ..like dowry and domestic violence cases. The reason for this suspection is, my parents asked them to come to one place to settle these issues. They never came and always saying you and your son are creating these allegations purposefully. So we are asking him to come down to India to settle these things in front of him. We are pretty sure they will file some fake cases once I reached there and court may ask me to deposit my passport until this issue is resolved.

So now I am kindly requesting the experts please help me what should I do.

Here are my questions.

Q1) Any thing will happen to me if I didn't go to India.

Q2) I am completely depressed and I want divorce. Can someone(My parents/Lawyer)file divorce petition on behalf of me when I am in USA?

Q3)Can I file divorce petition in USA. If yes those divorce are valid in India.

I tried in different ways to solve this issue when she was in USA but none of them are worked. Surely I will get heart attack if I stay with her one more year because she will not keep me quite. She use to torture me mentally always ..means always.

One more thing is her parents told to me my daughter passed engineering which is very wrong. She failed 4 subjects in engineering.

I am kindly requesting you guys please help me in this regard.

Thanks in Advance,

Rao.


Asked on 1/27/11, 4:16 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

I have handled another case under the Hindu Marriage Act. The divorce here could be valid but also the marriage under the Hindu Marriage Act is better for you in this case. I understand that you have to be present there when filing.

If you could go there file and have her served after you leave and then have an attorney represent you while you are in the US would be there. Do not let her know you're there until after you leave if possible. I don't know if India would be alerted you were there.

Most countries under the various Hague conventions due extradite for serious crimes but I don't know if domestic violence qualifies. I am not aware of an international extradition over simple domestic violence allegations which no substantial injury resulted.

I hope at least that answered some of your questions.

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Answered on 1/27/11, 11:18 pm


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