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Anonymous Person (Lawyer)     03 October 2017

NRI Fraud

My husband is in US,He brought me to India in the pretext of vacation and left me here with no intention of taking me back. I have lodged a complaint in women cell and filed 498A, dv against him and after repeated notices he is not cooperating and not coming back for smooth cooperation. Also he told me that he wiretapped my phone while in US as he works in telecomm company. Can I send the copy of CAW cell complaint to his company telling them he has pending case in India and he is not cooperating.Would it help to send him back here?Also can I write to Indian embassy US? Would there be any repercussions if I do so? What does defamation means? Can he file a defamation against me? Im left in INDIA for about 6 months now and he haven't spoken to me since then just left a message to give divorce.Will his company take any action in helping me or I could try and send them the copy? Thanks


Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     03 October 2017

Doing all these acts will make things worse for you. He's not coming to India for mediation at CAW can be going in your favour as the FIR against him can now be registered by Police. A look out notice can be issued by Police authorities that can get him arrested at any airport in India when he lands here. Police can inform the Indian embassy in USA as well MEA in India and request for impounding or cancelling his passport that will help his deportation to India. All these acts done by Police will be official and no blame will come on you for defamation. His deportation even from USA will be done officially by USA authorities after requested from Indian authorities on the ground of criminal proceedings against him in Indian court. Just work out for getting FIR against him registered and work out for getting other processes as mentioned above through police and other government authorities.

Kumar Doab (FIN)     03 October 2017

You may avoid writing any content that can provide suitable opportunity to spouse.

Trust your very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record.

Let everything be as per course of law.

Siddharth Srivastava (Advocate)     03 October 2017

Police can proceed u/s. 82 & 83 Cr. Pc. if accused does not appear inspite of notice and thereafter can issue Red corner notice. The court may issue notice served through concern embassy and if he does not appear court can proceed exparte. Notice can also be served through Embassy and be served through his boss. 

Anonymous Person (Lawyer)     03 October 2017

Thanks for the advice 

Kumar Doab (FIN)     03 October 2017

You are welcome.................

PRADIP PATEL   25 May 2018

Dear Sir/Madam,

Good evening...........

This is Pradip Patel from Valsad, Gujrat,India. I got married on 16.05.2017 with NRI girl who lives in New Jersey, USA. They are comming india on 20.04.2017 and Fixed marriage with me on 01.04.2017 and dicided to marriage on 16.05.2017 as per Hiduism rules. After and Before i will be try to convycines them for Registration about marriage but they dont agree with me. After 15 days on 30.05.2017 they all family members including my wife Svati going to NJ,USA without my information or any intemation.Then after she dont contact me or any message from her till the date.Also here father comes in india right now but they dont wants to talks about this matter. They will say we dont discusse about this matter. Everything is over. 

Please Guide for the same. I am helpless. Can you give some legal advice.I am waiting for your positive reply as soon as possible.

Thanking you.

Thanks & Regards,

Pradip Patel

Mo. 8238438122,9638486384

Aks   29 May 2018

Pradip,   its hard to give advice with so little facts.  

(1) Did you marry in India according to HinduMarriage Act? Do you have enough proof of this marriage  such as photos, priest certificate, court documents etc.?

You are saying "she decided to marry you" Does that mean ... She didnot marry you . If she didnot marry you OFFICIALLY...sorry..you can not do anything.  Just forget her and find a good Indian girl to marry. There are many very lovely Indian women who are loyal and caring.

Once again, If the NRI girl DIDNOT marry you LEGALLY...you have NO CASE as You two have never married.

Remember that in USA ,the laws are very different when it comes to divorce. Many states here have what is callled "NO Fault Divorce"  which means there is no need to give any reason why someone wants divorce and diivorce doesnot need permission of both husband and wife. If one partner wants divorce. thats considered fine and divorce is granted by courts in very short time.


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