Legal Question in Civil Rights Law in Virginia

Violation of Civil & Human Rights

I was a temporary visitor to US with my wife and when my stay expired I returned to my home country and my wife stayed in US illegally. She illegally filed for divorce and custody after I returned to India. Every legal action and judgment was contrary to US constitution, Virginia constitution, VA laws and caselaws. She committed several frauds and remarried while my divorce in India is still in progress (as we are Indian citizens married in India). I was completely destroyed financially (as assets were frozen in US), professionally and emotionally. ). I was illegally stripped of all my assets in US (house, car, personal & business bank accounts). She has remarried in US thereby committing bigamy. Let me know if you can help.


Asked on 4/28/09, 11:00 pm

3 Answers from Attorneys
Sunil Goel S.G. SOLICITORS

Re: Violation of Civil & Human Rights

You are really treated harshly and i have sympathy for you. Now tell me who has filed for divorce ; you or your wife? Since the marriage was solemnised in India, it can be annuled only by a decree of divorce by an Indian court. Till the divorce is granted, you remain her husband legally. in such scenario, if she has remarried, the same clearly attract Section 494 of Indian Penal code which punishes such act of remarrying during the lifetime of husband with upto 7 years imprisonment. You may collect the proof of her remarriage and file a complaint under Section 494 IPC if you are really keen to take action agsinst her.

Read more
Answered on 4/29/09, 7:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Violation of Civil & Human Rights

Your statement is contradictory. since you were only a temporary visitor and returned after expiry of your visa, there was no occasion for you to leave your house, car and personal and business bank accounts in USA?

You may consider filing a case in India seeking the divorce decree by US court is null and void; and You may also consider filing a criminal complaint of bigamy against her.

If her stay in USA was illegal at any point of time, you may approach the US Immigration authorities for cancellation of her visa and seek her return to india.

You may want to engage a US Immigration attorney to help you further.

Read more
Answered on 5/01/09, 2:34 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Violation of Civil & Human Rights

yes, u can initiate criminal proceedings against her for bigamy and fraud. law is equal for everyone and she would pay for her offenes...sooner or later. its advisable that you proceed with the criminal action and also make ur divorce proceedings stronger thereby compelling her to get deported back to india by getting a red corner notice issued incase she doesnt respond to summons.

Read more
Answered on 4/29/09, 1:47 am


Related Questions & Answers

More Civil Rights Law questions and answers in Virginia