Legal Question in Family Law in India
I am having a Permanent resident status in Belgium and in a year will get a Belgian citizenship.There is no dual citizenship so i give away my Indian citizenship.I was married last year in India as per HMA to a Indian citizen.Now her family wants half of my property to be transfered to her name and this is something not acceptable for me after only a year marriage.Now they asking for divorce and pay a huge amount to them or they file a false 498a against me and my family.
Now after this threat its impossible for me to even think having a future life with her.My question is if i give them some money and delay it till i get the citizenship will 498a harm me or my family if i get a Belgian citizen and my parents will legally denounce me.
4 Answers from Attorneys
Try reaching an amicable settlement.
Regarding your query if I have give them some money means that you are admitting your fault. It is better to face the complaint. Where is your wife at present in Belgium or India. You just discuss the matter with your wife and in laws and delay it in a casual manner without creating any suspicion about your plans till you get the citizenship.
Belgian Citizenship does not you in any manner as there would be a criminal case against you in India. Try to sort things out with your inlaws and your wife amicably or else face the music.
as far as 498a is concerned, it is an offence only in india and the term dowry is not recognized in Belgium. you may proceed with your Belgian Citizenship and retain a lawyer in Delhi to seek anticipatory bail and also to file a petition for divorce. this is not that a big problem as you thinking it to be. effective and aggressive legal representation would make things easier. your wife has no right on your property, as per Indian Law. She, at the most, can seek maintenance but you can fight out the maintenance as well by proving that she is the wrongdoer.
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