Legal Question in Family Law in India

Thanks for the reply for the below questions.

Hi,

I got divorced 4months back. I am 50+ and my husband forced me to get divorced. He emotionally blackmailed and also mentally tortured. We have not been living together for past 26yrs. I also knew he has married twice before the divorce as well. I finally agreed as he agreed to pay certain amount. He gave me monthly checks for the amount agreed; however, he has asked me not submit any check. It seems the 1st check even bounced. He is a US citizen and gave US back checks. Even during divorce the judge asked whether I have been forced or not but I didnt have any choice and couldn't tell the truth. I didnt inform my children about this. Now, when they came to know wants to take action.

I would like to know a) Whether this divorce can be void.

b) What actions can I take for his previous illegal marriages

c) What actions can I take for the amount not being paid/ checks being bounced.

Regards...

Answers:

1) No.

2) No action may be warranted in law at your level.

c) You may initiate criminal proceedings against him for cheating, if the cheques are bounced; you may as well file a civil suit also for recovery of the promised amount

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Kindly help me with the following:

1) How to proceed against cheating?

2) If he leaves USA would that effect? And as he has given US bank cheques would that make my case weak in India?

3) For all the emotional torture for giving divorce, can't I file any case against him? It has been a forced divorce.

Regards...


Asked on 5/28/10, 9:02 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

meet a lawyer in ur area and ask him to initiate the proceedings of perjury against your husband as the settlement amount has bounced.

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Answered on 5/28/10, 10:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I would rather advise you to buy peace and forget the entire matter. Litigation may not help you in any manner, rather it may further complicate matters because court cases are time consuming, involves lot of expense and results remain uncertain.

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Answered on 5/28/10, 5:48 pm


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