Legal Question in Family Law in India
how do i get my house back from my wife?
i got married to an indian girl, second marriage for both of us. i am an american citizen. i left to US without her as we had differences and i didnt want to live with her. once in US i applied for a divorce in the court here and got the final divorce decree on the 31 of oct. my wife is residing in my house, (the house is in my mother's name) and is refusing to leave saying that the divorce is not valid in india. how can i make her to vacate and also can i sell the house?
we lived together for 2 months only. it is almost a year now since we got married. we have no children together. we got married through registered marriage under the christian marriage act in Bangalore, india. since it was a brief marriage i feel that i do not have to pay her anything. she is demanding a settlement to end this and if i dont agree says that she will not divorce me. what should i do?
4 Answers from Attorneys
Re: how do i get my house back from my wife?
you will have to maintain her and there's no way out.
Re: how do i get my house back from my wife?
once you are married it is your duty to maintian her. further your divorce in us will not be valid she does not subject herself to that jurisdiction
Re: how do i get my house back from my wife?
The question of American citizenship is not involved in this case.
You married a girl in India and deserted her there without any settlement. Therefore, irrespective of your citizenship, you will be governed by Indian laws in the matter of marriage and issues arising therefrom.
As per Indian laws, you are guilty of commiting cruelty and domestic violence against your wife.
You are liable to provide her maintenance as per your "standard of living" and/or financial status.
Again, the question of living together for "two months only" is not relevant. Even if you may have lived together for two hours after marriage, you are liable under the D.V.A.
You are entitled to seek vacation of the house from her without providing her sufficient alternative accommodation for her residence.
The divorce granted by American court has no value even in America. If she so desires, she may get the divorce decree set aside from the same very court. These type of divorces are infamously known as "Neveda divorce" which are not valid even in USA.
Your "feelings" that since it was a brief mariage therefore you do not have to pay her anything are entirely misplaced in the given situation.
It will be better you settle the matter amicably with your wife, get the marriage dissolved as per Indian laws and provide adequate maintenance to your wife.
Re: how do i get my house back from my wife?
Reply of Mr. Sudershan Goel is most appropriate and may be acted upon.