Chander 05 March 2016

Divorce

Hello

(1) I am working in abrod past few years,wife in India past two years she is waiting me,I have 7 years kids,I married 8 years,in this situation if she filed police case I am not coming back home,then what action against me,if still I am not planning visit India, I married in villages but I don't have marriage certificate if we get divorce where I can get or its not necessarily getting divorce?

she is not living with my family,she is living alone with my kids and she is working ,

(2) if I visit India any time soon in that time she file case against me

,then police arrest me any charges,or not?

in this all situations I can go back abroad or not?

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4 Replies

ROHIT SHARMA (Legal Advisor ) 05 March 2016

1. Be in touch with her as often as you can and assure her that you will be visiting India for sure and do so at the earliest.so as .to resolve and preempt your apprehensions of her filing complaint against you.

2. Send her money for maitenance regularly. This will ensure that you have not deserted her.

3. Take care and do not make her suffer more.

saravanan s (legal advisor) 05 March 2016

in addition to the above

your marriage is legal even if you dont have any marriage certificate and so you must dissolve your marriage legally by obtaining divorce through court.

if your wife files any case of cognizable offence on you then you would be arrested as soon as you land at the airport.depending upon the seriousness of the offence thats been charged against you your wife might ask your passport to be impounded before the court

SP Singhss (Engineer) 05 March 2016

I do not agree with above two persons, no need to come back chander because once u come back ur wife is waiting patiently to charge you with dowry, maintenance, divorce etc and you will be left with no other option but to leave ur job and end ur life in depression. This had happened to many a people who came to india once to convince their wives and take wives abroad instead they ended up ruining their lives, you must be an american citizen and being married to you she also became american citizen. Laws are biased in india, u will not get any relief here. Instead aap wahan america mai case daal do ki ur wife had deserted u n bhaag ke india aa gyi. Dont ever come to india, i am fighting all the cases and judges are biased thats why i am telling you. Rest your wish

ANAMIKA VICHARE (LAWYER) 14 March 2016

First of all, why you did not visit your wife and child. are you staying with somebody else. You are not in INdia and insist taht your wife and child should stay with your parents, you do not have communication with her, what is thereal poblem.

If you suspect taht shewould fle case, taht means there is something wrong on your part ?????

YOu have notclarifed or explain in detail your story

IF you go back to INdia, she might file casea gainst you,it i s better that you have communication with your wife and child

YOur son must be missing you