Legal Question in Family Law in India
I live in Canada on NRI status,was married with a Canadian citizen in Canada.We got divorced on April 2011.I was on vacation in India in February 2011 and my family arranged marriage with a Indian girl and we got married on 15 February 2011 as per Hindu rituals.I have informed the girl that my divorce is still pending but she said its no problem with her but soon after marriage her family wanted to get the marriage registered and make her share half of all my property which i smelled something fishy so i did not get the marriage registered and returned to Canada.Now one of her relatives called me they need a heavy compensation as i cheated her family as i did not inform them about my previous marriage which i was clear with the girl.It seems that they want to file 498a against me which will give problems to my parents living in India.I have decided that even if i have to die i will never give her a single penny and also not give her divorce and its now impossible for me to accept her and get back to live with my parents.
In this situation how should i proceed ?
4 Answers from Attorneys
in this situation, you need aggressive and effective legal representation through a lawyer who can defend your case and at the same time suggest punitive actions against any false and frivolous litigation. as the girl in India was aware of the divorce proceedings, this may serve as a good defense in bigamy case as well.
What is your status in canada ? NRI stands for non resident indian but does not disclose your status . Are you a citizen or a Green card holder ? You surely going to be in thick soup as you were married before your divorce and no one is going to believe your story in India.The marriage registration is not for property but for filing a petition for immigration and visa for your wife. I have many question(s) to ask you to guide you through this imbroglio. I feel please go through "sanjay kalra and associates" on Google or the internet. This is the name of my law firm and i have an affiliate office in canada. I am sure we would certainly get some solution for your major problem.
This problem of yours is a serious one requiring indepth study. Unless the matter is discussed fully, with some few lines in this forum will not help you. So you have to get a legal opinion in detail. If you need any advice kindly contact me at ravee [email protected]
Firstly, you should try to bring her back and start a happy family life.
If that does not work well with you, efforts should be made for a mutual consent divorce. As far as possible, litigation should be avoided and a compromise should be reached on what ever terms possible.