Remedy for a bengali tortured wife at usa?
K.K.Ganguly
(Querist) 12 March 2012
This query is : Resolved
Would the Ld. Experts kindly opine.
1) One Bengali girl born & brought up in USA, having USA citizenship has married a Bengali boy from Kolkata. It was an arranged marriage. The boy could go to USA & get green card because of the sponsorship extended by the girl. The girl, though an American by birth, is by nature very Indian & has been brought up with Indian values. They have a daughter of 4 months now. All stay in USA.
2) The boy turned out to be an opportunist who used this marriage for getting green card. He started torturing the girl severely which is unthinkable in American system & life. The boy is so crafty that every time he tortured the girl, he himself called police & when police came forced his wife to say that her husband did not do any thing wrong or cognizable. This part may sound strange but is a fact.
3) The boy has now sent a lawyer’s notice for Divorce to the girl & told the girl verbally that if she gives in writing that she has been committing disturbances/discords in the family, then he may withdraw the Divorce Notice.
4) The girl neither wants to be tortured nor get Divorced.
My question is
a) Can any case be filed against the boy at Kolkata since the marriage was solemnized at Kolkata?
b) What should be done at USA?
c) What are her remedies?
ajay sethi
(Expert) 12 March 2012
ifhusband is torturing wife the wife has to laodge police complaint against husbnad in USA . obtain medical certificate if there are injury marks on her body of torture .
wife should not fall in husband trap when police is called . she should herself go to police and narrate the entrire facts of case how her husband has used her for green card and is now forcving her to divorce him .
contact a local lawyer and reply to legal notice. if shje refuses to agree for divorce husband will have an uphill battle ahead
Kiran Kumar
(Expert) 12 March 2012
since the cruelty is done at USA, as per SC view point the case will not be maintainable in India.
proceed against the erring persons in USA only.
let your daughter be confident in mentioning the entire story to the police there.
Raj Kumar Makkad
(Expert) 12 March 2012
The police of Kolkata has got no jurisdiction to take cognizance of any offence committed in USA. The marriage law in USA are very strict. If wife is ready to make complaint at Kolkatta why not to USA police?
Shonee Kapoor
(Expert) 12 March 2012
Better take action in US only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
