Legal Question in Family Law in India
I was married in India in 1990. She was divorcee and mine was first marriage with her. She created several problem during the time we were living together. My parents and my siblings never stayed with me while we were living together. She wanted to take my son to her parents place for education on the pretex that the education level is not good at my place where I was working as assistant professor in engineering college. In 1994 she took my son away from me and moved to her parents place. I tried several time to convince her to come back to me with kid during the period 1994-1997. She never came back. Finally, I took few respectable people with me to her parents place to bring her back but this attempt also failed and she did not return. During this process, I went through emotional problem and became ill and diagnosed with diabetes and as a result I quit my job. But with all the difficulties I tried to get back to my career and find a job. Eventually, i slowly improved and got the job in India. Then, after 7-8 monts I got job in USA and moved to USA in 1998. Since then I did not contact her and neither she did. I became a US citizen. My diabetes got worse and decided to get married. I filed divorce from US court with properly serving her in India. My divorce is finalized. But, meantime she filed maintenance case in family court in India against me. She has asked for huge amount of money as monthly maintenance and also huge amount for sons education. In order to handle this case I have hired lawyer in India. Currently, so far it it just the beginning and nothing has happened. Now, at this point i am planning to visit India very soon. But after reading about 498a and DV laws I am scared about what she might do to my brothers and sister in India and also to me when I go to India.
My question is - can she file complain against me under above laws although we are not in contact from 1994 (almost for 17 years )? If so, can you please suggest what steps I should take to prevent any unpleasant things to my sibling or to me in future.
4 Answers from Attorneys
1. Your divorce judgement passed by USA court is not valid in India and not binding on her.
2. She is entitled to maintenance from you as per your income and / or "standard of living" .
3. Your apprehension are not without basis. Since the USA divorce decree may be considered as a "fraud" in India, a case may be registered against you u/s 498-A IPC. She may also invoke DV laws.
4. If the child has attained majority, you may not be liable to pay maintenance for him.
Remedy: Try reaching an amicable out of court settlement with your wife, before returning to India. You should persuade her for filing a "mutual consent divorce" in India and before that enter into an agreement that she will not file any 498-A case against you or seek protection of DV laws. An appropriate one time monetary compensation (alimony) may be considered / negotiated.
Your Divorce in USA is null and void as you were married in India and that too according to Indian laws . Your wife did not participate in your Divorce proceedings and it was not a mutual consent divorce in USA. This would make your divorce in usa as null and void according to Indian laws. Yes your wife can file cases (Criminal , civil and maintenance etc ) against you in India that too after 17 years . I would suggest you not enter India without getting some kind of relief from the court in terms of stay of arrest etc. Please engage a good lawyer who has been dealing in these kind of cases . Please check my answers in matrimonial and immigration category in this forum to give some guidance to your unsaid queries.
as you have already got divorce in US, it is advisable to file a suit u/s 13 of CPC for authenticating the foreign decree in India. this would be a good defense in other cases as well.
i agree with Adv Gupta
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What is the grounds for divorce on behalf of wife? Asked 1/22/12, 6:53 am in India Family Law, Divorce, Child Custody and Adoption
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