Divorce in India, but work in USA. Can I travel for divorce hearing?

[pb0899]

Hi Folks,
Thanks for taking the time to read my story.

I got married in Jul 2008, things were not working out and we went back in Dec 2008 to file for Divorce. The wife promised mutual divorce, but when she got there, her family poisoined her to get as much money as possible. So she has filed for a "Divorce under Mental Cruelty" grounds in Mar 2009 asking for Rs 1 crore, but NOT the 498a (yet).

Now, after 4 hearings of my dad going there, the Judge wants to see me in person.

Is it advisable to go there in person? Can they impound my passport and prevent me from coming back to the US by filing for harrassment or any other means?

Any advice is GREATLY appreciated. Thank you!

[txh1b]

If a 498a case is filed, you will get stuck forever. Read the horror stories on the internet.

[pb0899]

Thank you for your response, Senior Member.

My question is - can she legally file a 498a complaint after the divorce proceedings are going on in the family court for 6 months?

[immihelp]

Yes, she can.

However, why did you go to India to file divorce. Why did you not take care of it here itself?

[pb0899]

Thank you, Immihelp!

During the last hearing, the judge has asked to see me in person without fail on Jan 18. Hence I am leaning strongly towards making the trip. I am hoping to make a case to the judge that she is threatening me with the 498a section asking for money.

Also, initially, I wanted to do everything I could to support her and she wanted to go to India and explain the situation to her relatives first. I tried to be a nice guy initially and so am paying the price now.

[help4you]

My Thoughts

Hi

Sorry to hear about your situtation.

I would suggest couple of things before you go to India - Not sure if you are still here or in India:

1) File for Anticipatory bail it will not cost more than 25000/- before you land in India ( to protect ur self even if they files 498a to protect ur self from arrest)

2) File a complaint in Police station that your wife side are threanting to file 498a case against you.

3) start recording all talks with your wife or with there family like the demands etc.

4) Take bail for your parents to if needed as 498a can arrest all your family members.

All these ar just if you want to go to India.

They will not file 498a unless u go to India. If you dont go nothing will happens other than she just getting the divorce and that what you want. So you purpose is done .

Be smart and pro active. And anyway Aal iz well.

This is just suggestion but always consult a lawyer befor going to India and i guess they will advice you the same

All be best. And i wish your life is happy. Take care

[IndianAtHeart]

Hi There..How did the story end

Can you please tell u how are you doing now. I am kind of going through same process. Any advice would be great. Thanks

Hi

Sorry to hear about your situtation.

I would suggest couple of things before you go to India - Not sure if you are still here or in India:

1) File for Anticipatory bail it will not cost more than 25000/- before you land in India ( to protect ur self even if they files 498a to protect ur self from arrest)

2) File a complaint in Police station that your wife side are threanting to file 498a case against you.

3) start recording all talks with your wife or with there family like the demands etc.

4) Take bail for your parents to if needed as 498a can arrest all your family members.

All these ar just if you want to go to India.

They will not file 498a unless u go to India. If you dont go nothing will happens other than she just getting the divorce and that what you want. So you purpose is done .

Be smart and pro active. And anyway Aal iz well.

This is just suggestion but always consult a lawyer befor going to India and i guess they will advice you the same

All be best. And i wish your life is happy. Take care

- - - Updated - - -

Hello sir, I am going throguh same process.ould you please tell me what happened next. Being a divorcee male in india is the biggest curse on earth.

Thank you, Immihelp!

During the last hearing, the judge has asked to see me in person without fail on Jan 18. Hence I am leaning strongly towards making the trip. I am hoping to make a case to the judge that she is threatening me with the 498a section asking for money.

Also, initially, I wanted to do everything I could to support her and she wanted to go to India and explain the situation to her relatives first. I tried to be a nice guy initially and so am paying the price now.