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Raghav Kotecha (N/A)     04 June 2013

Advice requested

Hi, I was hoping for some advice. I’m a US citizen of Indian origin, who had an arranged marriage with a girl from Mumbai in December 2012, in Mumbai, via a traditional Hindu ceremony. The wedding was never registered in India. She came to US on a fiancée visa in February. We were supposed to have a civil ceremony in US but it was postponed owing to a death in the family. However upon arriving here, it was impossible to live with her. She would fight aggressively every day with me over trivial issues, do nothing in the house, she was rude to my parents, wouldn’t let me sleep, she would lie and generally make my life miserable and it started affecting my health. (The above is a small snippet, there was a lot more). We tried on numerous occassions to improve, and involved my parents, her parents, friends etc. But to no avail, every time after numerous promises from her, it went back to square one, gradually getting worse.  

After a particularly heated argument she said she wanted to go back to India to spend some time with her parents, so I booked her a flight. Once she was there I realised  that I could not continue with this relationship, because it was affecting my health and making me so miserable. I explained this to her over the phone.

My question is what is the legal position regarding our relationship. It was neither registered in India or US and I haven’t signed a single piece of paper to say that we are married. But based on my amateur internet research I’m concerned that the Hindu ceremony is considered legal. Is that correct? What if any, rights does she have due to this? And is there any way that I can defend myself? There were obviously gifts exchanged between both families which I am more than happy to return. But I am really concerned because they want to exchange all the gifts back but keep putting off discussing the actual matter of the marriage. And I just want to be prepared.

 Any advice would be really appreciated. Many thanks in advance



Learning

 5 Replies


(Guest)

It`s only 6 months since you have been married..Seems very short but you are the best judge of that...Your marriage s valid in India,no question about that.

There are two options:

1)To obtain divorce under U.S law.You contact an advocate there.This is uncomplicated.

2)To obtain divorce under Indian law since you got married here.Easiest way is to go for Mutual divorce if girl agrees wth you after 1 year of separation.You will be expected to pay some compensation.People are usually greedy and ask too high a price from NRI`s but it all depends on each case.

If she doesn`t agree,then you have a contested divorce whose grounds are cruelty,desertion,adultery etc.What yu have described doesnt really count towards these grounds,so it will be difficult for you to win a contested divorce in India.

 

If you and parents are abroad,don`t come to India till this matter is settled.Discuss with girls` parents.If they are reasonable with the compensation,pay it.Move on with your life.

 

Advocate Deepak Gupta (Lawyer)     04 June 2013

Marriage is valid  and your wife having legal right to file complaint and case against you under section 498A, of the IPC , Domestic Voilence Act , Maintanance Case ( U/S 125 Cr.P.C) and sec 406 of the IPC ( to return stridhan ) , better for you to sort out matter peacefully and practically . if any thing not healthy you and may be ur parents are legally trouble.

dr g balakrishnan (advocate/counsel supreme court)     04 June 2013

true what othr advisors said.marriage adjusting normally takes minimum of abut one full year, her problem was home sickness as she was not used to live in USA may be so long as it is an alien's place whatever you may say; problem most people even do not like to move out of he town or metro after marriage at least for one or two years, simply because the bondage between the husband and wife do not fast fructify that is the fact of most marriages. Even tody even Mumbai/chennai/hyderabad/bangalore/calcutta /why New delhi similar problems persist. unfortunately neither boys or girl's parents do not appreciate but both parents look for wealthy husband or wealthy wife but that is not the doctrine of marriage at all. 

You may be used to live in USA so too your parents why then you looked for bride from india? you shd have looked for a bride in USA itself but you did not but you seem to have looked for indian wealth to appease your appetite for money as it is always true you as Indian American may be having problems of living in USA due to your own budgeting reasons, as your income may not be fully enough to support your normal USA living, but these facts were or may not have been revealed but may have been deliberately concealed.

Like you her parents would have thought that you are Warren Buffet like rich man and had convinced her but she could know what you are in USA after she reached your place. so raccuos happened perhaps between you and her while you are supported by your parents that could have upset the apple cart. so she could not find her in laws like her prents, may be that created more problems.

only ideal solution is reconcile your mistakes and reconcile her mistakes as both your and her parents made in arranging this wedlock, you took her as fiancee under fiancee visa speaks a lot about you and your personality and compatibility of personalities of you and her is a chasm as you want American way of life but it appears she is yet to fit in that is the serious problem. that kind of problems in your own neigbourhood could be many even after a decade of marriages.

i had seen in USA these kinds of problems day in day out. divoces take place even after one's marriage is over 2 decades or three ago. this happens even more in more wealthy indian American households eaven after they had grown up children.

 

so your statement of her harassing  you is just marginal, as you do not want to adjust. You are not seeming to appreciate what is the Indian meaning of marriage. Indians mostly think it is institutional as progeny factors are important more than just s*xual relations. Marriage according to tradition has no appeal to you it seems while she loves that bondage. you canot blame her for it as you did not appreciate the necessary wholesomeness of marriage. When so you should have carefully planned amarriage of Indian from India firt of all. so too your parents should have done their necessary homework. Like your cases in USA there are several thosands are emerging.

Indian courts will not look at you sympathetically, they havev to honor indian tradition more than global tradition as such, otherwise they have to find judge jobs in USA or elsewhere for they cannot serve Indian community of India in India. Care is a  must.

 

Even if you file divorse it may take several years to resolve. whatever kind of cruelty you may say, for in the first instance your parents and you participated in cruelth of indian girl, just because you cannot understand psychological stand of this lady. May be you are hurt by my statemments naturallly, but facts cannot be concealed that way advocacy came in just  how to reconcile the factors. Advocacy does not mean just litigating alone in courts of l;aw but have to fully appreciate several environmental factors. So in India call Advocates not attorneys as in USA. Attorneys are in fact just represent one side and promote enmity against the other till end but real advocacy in India is like in UK,. perceptions based upon psches have to be deat with.

Attorneys are very costly for clients but Advocacy s not that much if there is real advocacy of reconciliation. Courts in fami8ly matters do not promote3 litigation but just try a lot for reconciliation between spouses.

Now it is your option whether you will return all gifts and all moneys her parents spent for the marriage with you besides liquidated damages you may have to pay to her for you have not opened up to her or her parents while that truth is vital for marriage here. so you may have lied things may qualify as perjury in court but in the court of Elders who arranged marriage as such, indeed indian courts have to readjust to the present kind of situations, for international marriages solemnization should have a lot of fetters. if not these kinds of problems may grow day in day out please.

in fact indians in india are reconciled to globalization idea whatever governments talk about, as they treat issues as in anmate things but animate things like menb and women need a lot of understanding nwhich governments in india have terribly failed  and caused problems to ou and your wife sir!

Dildar Singh (xx)     05 June 2013

there is no doubt that the marriage solemnised in India is absolutely valid and it is not going to be as easy as you think to get a divorce..........it would be best if you talk to your wife and first go for legal seperation which may be a year or two, before applying for a divorce...........but remember well....you must not spend a single night with her......or else the seperation time starts afresh.........well that is how it goes.......in india it is difficult to get divorce......your marriage is new and may be you need time to adjust.....why not try talking to your wife once again

Reformist !!! (Other)     06 June 2013

Marriage is absolutely vailid. Try talking to her family with mediator intervention and sort the matter amicbly. Otherwise courts r there, but u may have to spend 4-5 yrs and thats actually a futile exercise because justice delayed is justice denied. :)


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