Marriage with a girl (punjab) with fraud degree
Dukhi Aatma
(Querist) 30 January 2025
This query is : Resolved
Hallo,
I am an NRI living in EUROPE for the last 20 years. I married a girl from punjab. It was an arranged marriage. We demanded no dowry nothing just we asked to welcome the baraat quit very good and well (which they did as well). i have 1 kid 6 years. Me and my kid are EU nationals and wife Indian. Now my wife expect that i must help her family financially with money. Even though she has two brothers who are working and earning money. But now i came to know that their plan was to come / move whole family to EU. Which i denied because i married a girl not whole family. So with this feeling she does not love me anymore and even mee also have not the same feelings for her as i have during the initial time of marriage. Now i made it very clear that i will not help her family financially (without proper talk with elders) and i cannot help her family to move out and settle down in EU. I am working and not a business man. I have voice recordings of my wife and her mother where they mentioned that if my wife had married another guy who was in Canada then until now her whole family was in canada but because her father did not get agree so they are still in punjab. Also her younger brother is HIV positive. Also i have checked with the university and her Masters degree in English stream is fake. I have offical proof of this. Now question is that if i get divorce in India what will be my chances that i will get rid of her and her family and i will get the full custody of my child. I have no property in India. Please guide.
T. Kalaiselvan, Advocate 
(Expert) 30 January 2025
You can file divorce case in India or UK.
if you have no plans to remarry in India then you can file divorce case in UK itself.
Since the child is in your care and custody and at UK, you can apply for child sole custody there itself if your wife is not returning to UK
Dukhi Aatma
(Querist) 30 January 2025
As i have EU nationality and my kid also EU national so we are not coming or settle down in India ever. But will EU authorities can force her to go back to India after divorce?
Dr. J C Vashista
(Expert) 31 January 2025
@ Dukhi Atma ji,
Filing a petition for divorce is totally different to the issue of deportation of wife subsequent to passing a decree.
Move step by step.
Dukhi Aatma
(Querist) 31 January 2025
@Dr. J C Vashista ji
Thank you and what will be the correct way of executing the steps? Please advise.
Thank you.
Dukhi Aatma
(Querist) 31 January 2025
@Dr. J C Vashista ji Thank you and what will be the correct way of executing the steps? Please advise. Thank you.
T. Kalaiselvan, Advocate
(Expert) 31 January 2025
If she was under dependent Visa in UK then after divorce she is no more a dependent hence you can withdraw the spousal Visa to her.
In that case she cannot continue to reside in that country without a valid Visa.
Dukhi Aatma
(Querist) 31 January 2025
@ T. Kalaiselvan Thank you for your precious advise. it is Belgium and not UK but i assume it will be the same and not very much different then UK.
Any other advise will be welcome. Thank you
T. Kalaiselvan, Advocate
(Expert) 31 January 2025
It is immaterial whether Belgium or UK, it is a foreign country to India.
You can refuse to budge to her money extortion pressure and as you and your child are citizens of that country, she will not be able to maintain a child custody in India
You can proceed with your plan for divorce and other issues as was advised by your lawyer
