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Regarding Divorce

(Querist) 29 December 2010 This query is : Resolved 
I am staying in US. I got married in India on 24th July,2008. She is from very poor family. I have plans to come back to India completely so I did not take her to US. After marriage I used to come to India once in 4 months.But we never had good time together. She never used to talk to me. she behaved as if she is not interested in this marriage. Slowly I lost interest in her and marriage. Last time when I came India she was with me for one month but there was no change.I told her if she is like this we can not live together. Then I came back to US. After coming back she filed dowry harrasment, Voilence case against me and my family. Now she is demanding 1 crore to give divorce. Now I am not able to comeback to India because of this case. Can anybody suggest me how can I proceed further in this sitation
Devajyoti Barman (Expert) 29 December 2010
If the cases you are talking about is already filed in India then you have to first obtain bail ,preferably anticipatory bail from the high court and then have to go on fighting the cases as per its merit. If the allegations are false then you should not worry much and give her befitting reply in court. Moreover if the circumstances so demands you can file counter case against her too.
Always keep in mind, more you frighten more she increases her demand.
Gulshan Tanwar (Expert) 29 December 2010
Sachin Bhatia (Expert) 29 December 2010
agree with Mr. Barman
maradana (Querist) 29 December 2010
Thank you all
Yes she filed case in India. All the allegations are false. We did not take dowry from her family and our family bought gold for her at the marriage time. Because of this false allegation my elder brother lost his job. Is it possible to file counter case against her when she has already filed a case against us?
Devajyoti Barman (Expert) 29 December 2010
yes if theree is ground for that.
maradana (Querist) 29 December 2010
my brothers can file case against her? She has put all false cases on them too. Because of this my elder brother lost his job. Now he is jobless. This case is running in court but everytime it is getting postponed to some other day because of judge's absence or lawyers strike something like that. can I file case against her from US or my brothers can do that as they are also suffering
Devajyoti Barman (Expert) 29 December 2010
send all the case details.
maradana (Querist) 29 December 2010
I am a citizen of USA. I have dual citizenship.
She filed case 498A,10C on me , my parents and 3 brothers.
Date of charge is 15-3-2010.Case has been filed in tirupati, AP .
We are basically from tirupati, Andhra Pradesh.
But After mrg we never lived in tirupati , we only lived in Chennai. Later on my parents also moved to chennai.
Two of my brothers are staying in Tirupati.

I left to USA in July,2009. Her family memberrs threatened me that
they will file harrasment case and seize my passport and they will make sure that I will not leave country as I am US citizen.
So I left to US immediately.

I want to come to India but she filed cruelty case on me in may of 2010 in local police station and they sent a look out notice
for my arrest in all airports in India.

We have a record of her saying mediator that we really do not have any problems in marriage life.
And also when she filed FIR she gave wrong dates Where I was not even in India.
Locations and dates she mentioned in the FIR are all false. We have proofs for that.
Now case is in court. But, not even one session happened till now. It is keep on getting postponed.

It is really false case but I need to come to India to prove that.
What kind of cases I can put on her?
maradana (Querist) 04 January 2011
I am a citizen of USA. I have dual citizenship.
She filed case 498A,10C on me , my parents and 3 brothers.
Date of charge is 15-3-2010.Case has been filed in tirupati, AP .
We are basically from tirupati, Andhra Pradesh.
But After mrg we never lived in tirupati , we only lived in Chennai. Later on my parents also moved to chennai.
Two of my brothers are staying in Tirupati.

I left to USA in July,2009. Her family memberrs threatened me that
they will file harrasment case and seize my passport and they will make sure that I will not leave country as I am US citizen.
So I left to US immediately.

I want to come to India but she filed cruelty case on me in may of 2010 in local police station and they sent a look out notice
for my arrest in all airports in India.

We have a record of her saying mediator that we really do not have any problems in marriage life.
And also when she filed FIR she gave wrong dates Where I was not even in India.
Locations and dates she mentioned in the FIR are all false. We have proofs for that.
Now case is in court. But, not even one session happened till now. It is keep on getting postponed.

It is really false case but I need to come to India to prove that.
What kind of cases I can put on her?



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