Legal Question in Family Law in India
I am in big trouble and i would need the help of respected lawyers.
I studied in USA and during my studies i got married with a American girl without knowledge of my parents in India.
After finishing my studies my parents arranged my marriage in India and i was against this marriage and i clearly explained everything to the Indian girl my situation and she said i should get divorce from my American wife otherwise she will inform everyone that i am married.I applied for divorce and i had to go through 1 year separation period but in India everyone wanted me to get married soon.
I came to India in the 10th month of my separation period and i came to know that i had to get married after 2 days which was all arranged by my family and girls family without my knowledge.I spoke to the girl and she said there is no option we have and we had a Hindu ceremonial marriage.Now she wants that i should get a visa for her to fly to US for which i have to register the marriage but i cannot give a false statement in the registration form as i was not yet divorced during the time of marriage,i got divorced only 3 months after marriage.
I spoke to her and now she is threatening me with filing cases of bigamy and 498a and many more.It seems she planned everything and put me in this trap as i myself was not aware of all these laws.
The marriage is still unconsummated and i am back to USA.
I would request you for an advice so if there is a way then please let me know and i don't want to fight any long legal battle.
5 Answers from Attorneys
There are lot of ways to get out of this imbroglio. Please answer my queries before i give you my legal advice.
1) You were on F-1 visa before marrying your American girl.What is your status now ?
2) What part of USA you are living ( as state laws are different in each state in USA )?
3) When did you get Divorce from your American wife ?
4) What course of studies were you doing in university ?
5) Did you apply for OPT ?
6) Where and when was your 2nd marriage solemnized ?
Please answer so that i can give you my legal advice and take you out from this problem in India. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
instead of getting into complications, there is a simply way out. you were married in US at the time of marrying this Indian Lady. according to you, she knew that you are already married still she insisted upon marrying her and you married her under duress, coercion and fraud. this seems to be a clear case of void marriage. a Hindu cannot marry for the second time during the subsistence of his first marriage.
REMEDY: you can file a suit for declaration in India for declaring that second marriage is void ab initio i.e. no marriage in the eyes of law. you may retain a lawyer here and send him the decree of divorce and he would fight for your rights.
you may visit my website www.karvai.in to know more about your rights and for further guidance in this matter.
i agree with Adv Gupta
I am sorry as no one in India would believe your story. that your 2nd wife insisted to marry despite knowing that you were already married in USA. You will jeopardize your status in USA as well. Your 2nd wife will file a criminal case of cheating against you and your family .I would have appreciated if the lawyers above have some knowledge of Indian as well as American laws to give advice. DO NOT FILE ANY SUIT FOR DECLARATION because to prove that your 2nd wife forced into 2nd marriage would be impossible for you to prove and you would aggravate the entire situation for yourself and your family. Please check Sanjay Kalra and Associates on the internet to know about our offices in USA as well.
Sir,
The foremost of all is what you actually want. Your question shows the facts but does not pose the problem as to what is your desire.