I will cut long story short.Me and my wife are both indian citizens but both came on a student visa and got our H1B visas and working here.
sunay (Engineer) 13 December 2014
I will cut long story short.Me and my wife are both indian citizens but both came on a student visa and got our H1B visas and working here.
Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com) 14 December 2014
Mr. Sunay,
I'm afraid but charges u/s 498A may be levelled against you/family despite your presence in the US. I'm sure your lawyer would be better disposed to advice you on the best recourse available to you taking into account the nitty gritties involved and the peculiarity of your case.
Thanks
SuperHero (Manager) 14 December 2014
Nothing to worry my friend. When you got married in USA and your marriage is registered in USA.
Indian Laws can’t do anything in USA. Because the jurisdiction it matters. Be Brave and courageous.
Since both are well qualified no alimony or maintenance, they will ask Million Dollars, because it is Free Money. They can’t file any cases in India and they can’t prove anything in India. They are threatening you.
One advice is don’t travel to India. And be careful they might call the police in USA and file a domestic violence case.
But again they have to prove it. Consult attorney in your local area. Some of them will be free for first time visit.
Start collecting the evidences, record all the conversations. Never use any un parliamentary words.
Don’t quit job. You should have patience and tolerance at this time. Better let your friends and neighbors know what is going on in your Family life. Let the Indian community know.
Remember always. If they show 1 Finger at you and there are 3 Fingers pointing them.
Good Luck!!!!
Samir N (General Queries) (Business) 14 December 2014
As both of you are Indian citizens, Indian Penal Code (IPC) is directly applicable to you, even if the alleged crime was committed overseas. There is some explanation in the Indian Penal Code that clarifies situations when one or both (defendant or plaintiff) are foreigners and if the alleged crime took place in India or overseas. All of this does not apply to you because you are both Indian citizens. The short answer therefore is that YOUR CURRENT RESIDENCE IS OVERSEAS OR THE FACT THAT YOUR MARRIAGE TOOK PLACE OVERSEAS IS IRRELEVANT AND ALL THE SECTIONS UNDER THE IPC would be directly applicable to you. But the Indian draconian laws against husbands have lost their edge in recent times thanks to some Supreme Court judgments. Therefore, do not be concerned at all. Just ask your parents to ignore any filings against them. You need to protect them psychologically by trivializing these things to them.