Nri facing crpc 125

First you should legally contest the 125 case in India otherwise it will be a stone on your neck and there are many methods to enforce it.

Laws in US are more stringent so better remarry from India only.

get divorce where you got married...

divorce granted by us courts is not recognised under indian law and if you remarry get ready for another round of litigation in case you dont respond to the summons of indian courts your passport can be revoked better be careful

hi nrimale,

get divorce in USA and find a way to get a US passport asap. Unfortunately Indian passport is a curse if you are embroiled in cases. Matrimonial disputes cannot affect you in any way in USA. The US government will not allow you to be either deported to India or let the Indian govt bully you in any way using archaic family gender biased laws. Since you dont want to give her maintenance and are ready for one time alimony there is no use fighting the maintenance case. Did your wife live with you in USA?

rest assured your parents properties cannot be attached in 125 case or any case. Try to get your parents out too as if the opposite party files 498a and other cases they might be harassed a lot. Its better to start a new life for yourself in USA. all the best..

Thanks Everyone. I do agree that contesting is the right thing to do - but there are other complexities involved in it. The court could order interim maintenance anyway and as long as my wife gets maintenance she is not going to agree for divorce. Getting maintenance from me would be winning over me as per their terms. Also she might intentionally sit at home if I pay maintenance rather than looking for a job. I am not against maintenance but I would like to settle once and get divorced rather than draggin it for years in Indian courts. Also I have the risk of facing further false cases if I visit India durng the Crpc 125 trial time. Their intention is to smoke me out of US and screw my career. 

The only leverage I have is they atleast want money from me as they know for sure I am not going to take her back. So withholding money is the only way to push them to agree for divorce. I do not see them waiting for more than 2-3 years as she is not going to keep getting younger as time passes by. But I want to move on with my life in US by remarrying after I get the US divorce. 

I do understand from the above replies that my parents' properties cannot be attached for unpaid maintenance which is consoling. 

@Manish - yes, she lived with me in the US for about a year. 

My second question still stands unanswered. Do I face extradition for Bigamy from US to India if I remarry in US after a valid divorce decree ? 

If your wife is highly educated as you say, she is quite capable of maintaining herself, so where is the question of paying maintenance?

Another point, leaving aside the question of extradition, if there is a warrant issued against you, you may not be able to visit your family in India, whichever passport you may hold.

Also, why get married again, when live-in relationships are quite permissible in the US? Have'nt you learnt your lesson?

indian laws unlike US stinks and highly in favour of women...

maintenance alimony 498a dv cases etc... all curse for husband... and misused by greedy girl families...

after your got married your career is gone for a toss...

claim damages from her and her parents for loss of earnings... fixing their immovable assets...

this will bring her back to negotiation table...

try to compromise and file for divorce...

@ Author your wife has no rights on your father or mothers property. You are absolutely right that if she lands in U.S. you might face serious consequences if you are not willing to continue this relationship then law cannot force you to stay with her although you definately owe her alimony/maintenance whatever she agrees to you will have to give her. Marrying second time without resolving case in india would not be a good idea you are fine until you stay in U.S. but once you or your second wife arrive india both of you might face serious consequences. In short if your marrigage happened according to Hindu Marriage Act then you are suppose to follow indian laws as far as matrimonial life is concerned. Think wise and then make a decision........

have patience, she will be like karyasu dasi, karameshu mantri, bhojyeshu data , shayaneshu rambha...and lumsome of dowry  in form of streedhan... you are a great guy to the feel of a wife pulse...

the funny part is that the women now are more of rambha... and loot under streedhan...

dv... you have not yet learnt lesson... next time wait for a 498a and feel the pulse of your parents once they are in jail...

keep this statement intact for long term... until your dependent old age... relying on children, wife for food and medicines... especially when you have nothing to give your family... imagine your family cleaning your toilet on bed... feeding you medicine and food with their own hands...

filmi dialogues have no meaning nowadays... especially in courts, no value for relationships...

1) US LAWS ARE MORE STRICT.

2) US  divorce is not legal in India.

3) Do not be in over confedence that your spouse will worry for her age since remarriage is very difficult age or no age.

4) You are a good milking cow so why she should even dream for remarriage.

5) So you must contest the case in India.

6) There are ways to enforce orders of Indian courts in US, more over trakking a person in US is more easy than in India.

@JSDN - advocate DEFENSE - could you please tell me how one can enforce Indian court orders in US ?

And give me one reason why would US court would track me for pending maintenance in India, when I am divorced in US ?

I disagree with Ld. Adv. JSDN in terms of enforcement of court orders in U.S. till today there has been no such instance where indian maintenance orders were enforced in U.S..........this is where hague convention steps in......and it is only enforceable when both courntries has similar matrimonial laws there are major differences when it comes to enforcement of maintenance betweeen both countries. Till today there is no solution for extraditing husbands neither there is a solution to enforcement of court orders abroad.

@nrimale,

you havent committed murder or you havent done anything seditious to be deported. Even criminals are not deported or it takes ages for them to be deported- why r u worried about deportation?

if she stayed with you in USA then you can file for divorce in USA as i remember someone telling me that US laws can be used once the husband and wife stays together for 1 year in uSA.

When are you getting your USA passport ? dump the Indian passport asap. Bigamy can only be attracted if the other party has proof of your getting married again like marriage certifcate and pictures of your 2nd marriage. If you donbt plan to visit India ever - then you dont have a problem. if they finally come to the negotiating table then as part of settlement they have to file applications to remove any passport impounding notice or arrest notice against you. I think your approach is perfectly right. Try to shield your parents and get them with you. This country is only for cunning and psycho wives whose sole purpose is money.

@jaysree, Your words are extremely sadistic and abusive. Now we know what your husband has gone through. Such kind of unparliamentary things u r ready to say to a person who hasnt said anything bad.

Dear Rajeswari,

I am sure you are going through one of your bad days, that is why you are spouting such venom. But I a not at all offended.

Supposing I suggest that the couple should reunite and live together and the couple accepts my suggestion, without fully resolving the pre-existing thorny issues...

Matters can then degenerate

The wife commits suicide on one of *her* bad days

She becomes desperate and files false cases on her husband and his family

Enraged by constant nagging, the husband throttles the wife one fine day, she dies on the spot and the husband spends the rest of his life in jail - the children if any would become orphans of course

On the other hand, getting separated for short or long periods involves no risk to either party and does not prejudice the prospects of possible future reconciliation. Have'nt you heard, Rajeshwari, that absence makes the heart fonder?

Vishwa

Dehradun

My role model - N D Tiwari - the Nauchemi Narayan, hé, hé, hé