• Complicated Divorce

I am currently in USA. I got married 1 and half years ago. My wife initially did not want to come to USA. Finally after lot of discussion with her parents she came to USA. But 2 days after reaching here, one day morning she suddenly started breaking all the items in the house( TV, computer, etc) and attacked me with a broken window glass. i was injured and called police. USA police enquired here and arrested her. After request from her parents i got her released before any case was registered and sent her to india. After few days i got CCTV footage of my apartment. In that footage my wife is talking to another guy and discussing about dealing me and also they were planning their marriage when she was still married to me. Police department also has given video of enquiry where she has accepted that she has a boy friend. We approached a lawyer in india, but he says we still need to give the girl compensation. What should be our approach in this scenario?
Asked 5 years ago in Family Law
Religion: Hindu

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18 Answers

Wife guilty of adultery is not entitled to any alimony 

 

2) you have to prove that she had extra marital affair 

3) engage detective agency and gather evidence of her extra marital affair 

Ajay Sethi
Advocate, Mumbai
96820 Answers
7811 Consultations

then opt for Mutual Consent Divorce.

1. Convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

5. You can sign Vakalath form and entrust that to an Advocate, who will do the needful. Your presence may be necessary only twice. 

Shashidhar S. Sastry
Advocate, Bangalore
5396 Answers
329 Consultations

1. You can file a petition in India for annulment of your marriage on the ground that the vital fact that your wife was in relationship with another person was not disclosed with you and had that fact been disclosed, you would not have given your consent to marry her and the stated incidence and the footage proves your allegation.

 

2. File the annulment petition within one year from the date of your coming to know about the fact which was suppressed from you for availing your consent for the said marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

See in case they agree for mutual divorce without nay compensation then in that case you don't have to pay anything. 

Also in case you file a contested divorce and she files for maintenance application you have to contest same on ground of her cruelty , adultery. Though court may still grant her some amount. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Hi

Yes for fast(approx 1 month as per latest law)way of divorce i.e Mutual Consent Divorce you MAY need to pay some amount as alimony. This depends on what settlement you to do with her.

Rest if you want to contest the case and want to prove in court that its all her fault and you don't want to pay any alimony then it would take around 2 or 3 or 5 years of court case.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If she has cheated on you and you have evidence you can file the same in India and seek divorce on grounds of adultery. If she is adulterous then you don't need to provide her maintenance

Prashant Nayak
Advocate, Mumbai
32413 Answers
199 Consultations

  1. You need to move family court here in India for divorce on the grounds of cruelty. 
  2. There's no question of you compensating your wife. Rather it's you who should seek and plead for compensation in court, for the matrimonial wrong is being committed by her. 
  3. Obviously the lawyer whom you consulted, grossly misadvised you. You must appoint a competent counsel and not any greenhorn. 
  4. I'm prepared and willing to offer my services as a counsel (lawyer). You can be assured of expert legal assistance. I'm based in Mumbai but have experience of appearing before various courts in various districts across India, and hence, most competent to take up your matter. 
  5. You need to visit me once for exhaustive consultation.  

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1570 Answers
5 Consultations

Yes, husband will have to give alimony or one time settlement amount if you initiate for divorce instead her.

 

In this case she wants to get married with her boy friend. why you are worried. Let her take first step and ask to apply for divorce on realty ground. means you don't have to pay a single penny to here.

 

You don't take first step for divorce instead ask you are ready to live with her. Any how she will deny to live with you after knowing all this things by all.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

1. If you are able to prove violence committed by her in USA then you may successfully repel her claim to monetary compensation and also maintenance which she may file under the DV Act in the competent court in INDIA.

2. You are free to apply for divorce.

3. Preserve the video.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

As the incident occurred in US, register a criminal case against them. Collect the evidence and documents to initiate criminal prosecution in india.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2179 Answers
8 Consultations

1. Court/s have already held that adulterous Wife having extra-marital relationship before /after marriage is not entitled to any maintenance /alimony /compensation /Property /whatever of any type,  PROVIDED appropriate & relevant documentary evidences are available.

2. Documentary evidences that you are already holding (Video /CCTV /Police Statement etc.... ) are more than sufficient to legally enforce point no. 1 (above) and further you can file for Divorce in India /USA with 100% success.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to prove adultery by talking only and discussing about the marriage is not adultery until and unless you Don't prove that your wife is in adultery you are liable to pay compensation and maintenance compensation in form of permanent alimony otherwise you have to contest the divorce petition which is going to take lot of time because of your presence in US and you will not be able to appear before the court do you can provide power of attorney to any of your blood related to appear before the court on behalf of you but when you are required specially for the mediation then you have to appear before the court personally

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Dear Sir,

Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

Just apply fro divorce, if is not necessary, you have to give maintenance.  Her admission to police is corroborated with CCTV footage and you have US police report of incident and medical. Will be supportive evidence to bake your claim and grant of divorce and refusal of maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

If you don't want to pay maintenance/Alimony to your wife and if your wife also had given consent for it you can very well mention the same in the mutual divorce petition.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. No you don't have to pay compensation to girl If she is accepting her affair and married you under some pressure.

2. You should file case for annulement of marriage under section 12 of Hindu Marriage act for dissolution of marriage by decree of nullity.

3. You may have to maintenance till pendency of suit but dont agree for one time alimony in any scenario under mutual consent divorce.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You can change the lawyer.

You can file a divorce case on the basis of the video footage  in your possession.

You may get a certificate to the effect that it is genuine from the police department or any other authority at US in order to produce this as an evidence in the Indian court to prove her acts of adultery which should be grounds for divorce.

The Bombay High Court recently upheld the law and said when allegations of adultery are proven, a man does not have to pay his former wife and her child maintenance.

under sub-section 4 of Section 125 of the CrPC, the ex-wife and their son are not entitled to maintenance.

The sub-section reads, “No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.”

 

T Kalaiselvan
Advocate, Vellore
87021 Answers
2335 Consultations

If she is involved somewhere else then hy did you drop the charges. Revive them ad let her face the music. Tell her to accept a mutual consent divorce without any compensation.

 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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