Legal Question in Family Law in India

query related to marriage

I am hindu boy married hindu girl under special marriage act as per hindu ritual in 2007.I am presently in USA.My wife joined me in US on dependent visa.But she came back to india after she had few problem with me and my parents.Now she has inform me she is coming back and will join me.I have few question.

1)Can i revoke her visa ?Or as because still she is my legal wife she can take action against me if i do this?

2)I am now residing with my room mates.Can i stop her from entering my apartment with the excuse that i am staying with my room mates.So i cannot allow her to enter my apartment?

3)She is already getting maintenence of rs 10,000 per month under sec 125 cppc.I know this amount is not sifficient to survive in US.Can i refuse to give her extra money for her basic need that she can ask as 10,000 is insufficient to survive in US on the ground that i am already giving her 10,000 maintenence?Plz let me know these three question.


Asked on 12/05/08, 8:30 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: query related to marriage

Hello.

(1) Revoking her visa is not possible untill you obtain a legal divorce.

(2) Consult a US Local Attorney of the State.

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Answered on 12/17/08, 6:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: query related to marriage

1)you cannot revoke her visa unless you obtained legal divorce.

2)Consult US lawyer as US law applies when you stop her from entering the room in US

3)it is not obligatory to you to pay her more than the maintenance stated in order of the court.

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Answered on 12/06/08, 4:23 am
Nasir Butt Nasir Law Associates

Re: query related to marriage

Reply of Mr. Aniruddha Pawse is correct.

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Answered on 12/06/08, 10:48 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: query related to marriage

(1) You may not be able to revoke her visa. On the contrary, she may approach the authorities / ICE for cancellation of your visa so that you are dealt with as per law in India;

(2) You may need to provide her adequate residence;

(3) She may also claim maintenance in USA and get maintenance on the basis of your income in USA.

It may be better for you to settle the dispute amicably to avoid unnecessary costs and litigation.

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Answered on 12/07/08, 5:58 pm


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