I am an engineer working in Germany. I got married in January 2010 with a well-educated girl living in Chennai. Her family is wealthier than my family.
Even before marriage, she and her mother wanted to visit Germany to see my accommodation facilities. So, I supported them with sufficient documents to apply for a tourist visa. The visa was rejected for both of them without assigning any reason. We received this visa rejected letter on the very next day of my marriage.
I stayed with my wife only for 12 days after marriage and come back to report to duty. Fortunately, she got conceived, immediately. Because she is carrying and wants to go back to India for delivery, her mother insisted me to apply for a tourist visa again. So, I supported my wife with sufficient documents like bank guarantee and others to apply for a tourist visa again. The visa was rejected again, by stating that she did not have a reason for going back to India as I am working in Germany.
I went to India in July 2010 and took my wife to hill station and stayed in a luxurious resort for 15 days. Then we conducted bangle ceremony in our home and sent her to her parent’s home for delivery and I come back to report to duty. Totally we jointly lived less than a month.
She delivered a premature female baby. After delivery, I applied for a family reunion visa for both my wife and daughter here in Germany. But, she did not visit my home even a single time after delivery. Meanwhile, her parents scolded me with filthy language and created a situation that I could not visit their home.
In august 2011, I went to India again by informing her well in advance. She came to my home with her parents after 1 week of my arrival. I asked for a reason. They started to fight with me and started to threaten me and my relatives that they would lodge a complaint on 498a IPC dowry act. I said them that it’s their wish. They immediately went back to their home. So, she spent just 2 hours in my home, that too for fighting with us. I stayed in India for 45 days and she never come back. In September 2011, I come back to Germany to report to duty.
In November 2011, I received a letter from the Immigration office asking for the original documents like marriage certificate, birth certificate of child for the issue of family reunion visa. I called my wife and asked for the same. She refused to give them. In December 2011, her uncle called me. I explained him all the things happened. He assured me that he will support me to get all required documents from my wife if I visit to India. Then, I visited to India again in the end of December 2011.
While I reached India, both her uncle and my wife switched off their mobile phones. After one week of my arrival, I received a notice from my wife stating that I and my family members tortured her for dowry. A legal action will be taken if I fail to take her to my home by visiting her home.
Since I am the first graduate from my family and others are illiterate, everyone started fearing. So, we consulted with a lady sub inspector who lives near my home. She called my wife and said to come to my home. The next day, my wife came to the sub inspector’s home with her parents, lawyer and some rowdies. Everyone started to threaten me that I could not go back to Germany if she files a case on dowry act. They proposed many conditions. I refused all their conditions as I am innocent. All people in our area watched these fighting. I was totally confused what to do next. After all these controversial discussions my wife came to my home with the child in the mid night. But for my safety, I replied to their notice stating all my efforts taken for her visa and I am ready to face the legal action if any.
On the very next day, her uncle came to my home and taken her back to their home and I came back to Germany. Till date, no communication has been taken place between us and no documents received from my wife side for the visa process.
In August 2012, again I visited to India and stayed there for 40 days. She did not come to my home and never taken my phone call. She neither interested in joining with me in Germany nor living with my parents in India.
So, before I come back to Germany, I filed for divorce. A summon is issued to her to appear in the court for first hearing. Now, my doubts are as below.
1) She will say that we took her jewels presented to her at the time of marriage. But, in my reply notice I clearly specified that all jewels are with her and all marriage expenses borne by me. After one year of reply notice, could she raise the same allegation again?
2) She will say that she is interested in living with me. Is it a right and just to say that living with me after issuing a legal notice and threatening me and my relatives on IPC 498a?
3) She would ask for a big money as compensation and that too in a single payment. If I opt for monthly compensation, could she refuse in the court?
4) If she asks in lakhs, can I raise a question that the amount is too high for living with me as a wife for just less than a month? May I call it as another way of prostitution in the court?
5) She is ready to marry another guy. She is interested in getting big amount from me and settled down with her new boyfriend. How could I defend?
6) May I ask the court that I could give compensation only for my child and not for my wife? She is a master degree holder and could earn by working for her needs.
7) Now I applied in discretion and cruelty as base for divorce. Is any other ground that I could apply?
8) May I file some cases against her and her family and relatives for the torture given to me? Suggest me some sections.
9) How could I ensure that she is not married with other guy while she gets compensation from me?
10) May I ask for a DNA test for the child as it is premature baby and my wife did not come back to my home after delivery?
Thanks in advance.
