It was a 2nd marriage for my wife and I in later part of 2011. Married as per Hindu Law. I was retired even before my 2nd marriage. I am a citizen of US. I do not have any relatives in India. I do not have any children even from my first marriage.
1) Her spousal visa (Temporary immigrant visa) is delayed due to her prolonged medical report.
2) My wife said her thali chain was snatched by some one at Knife point, but her delayed complaint (4 days later) FIR states different.
3) When I questioned, she asked me to send her stuff whatever she left at my place in India. After my return in April 2013, I sent the stuff.
4) She came to my town where I stayed in India. With the help of lawyers and rowdies, she assited in kidnapping me from my home at 930 pm. I was escaped on the next day from kidnappers. My US passport and PIO cards are taken by the rowdies.
5) Very next day evening, she went to Women's Police Station and made a outrageious false complaint.
6) 4 days later I came to my town and made an FIR for kidnapping against my wife and 4 unknown people.
7) She is a State Govt employee. After producing various doc, with the help of AWP Inspector requested her to come back to my town.
8) In the meantime, I also reported to the US consulate about the stolen passport in the hands of kidnappers.
9) She came to the Women's police station and swear that she took the US passport from me. She did not know anything about kidnapping. She does not have anything to do with kidnapping etc.
10) Next day, with thorough investigation with DSP, she was nailed with her lies. I clearly told her I will not take her back unless she come out clean with the truth. She accepted in front of DSP and WP Inspector. She was under the control of the lawyer and rowdies. Hence she did it. I immediately seek the safety and protection from the lawyer and the kidnappers with the DSP. DSP advised me to vacate and go back to that town because it may not good for me anymore. I may face more problems from the rowdies etc. So, I took the DSP's advice and came to her town (different state).
11) She went to Medical test 2nd time as per the request of US immigration. Again it took 45 days to get the medical report. Now she got the Visa. There is a note in her passport with Attention to Port of Entry officials.
12) We rented an apartment and stayed in USa. Within 15 days, we got a call from State Health Dept for her to comply with Immigration req. She went and gave urine, blood test.
13) Two weeks later they called and in private they told her that she is HIV+. They asked me to volunteer and take the HIV test, I did and thank god, I AM NEGATIVE.
14) I was trying to be very supportive, cooperative as much as I can. But, within few days, she created a scene in the middle of the night that she has a feeling of death. She forced me to take her to hospital which I did. In hospital, she admitted with RN that she was trying to kill herself. Hospital administered depression medication and put her in observation mode for 48 hours,.
15) Then a week later she called 911 without my knowledge and police came, I was shocked. They asked her questions and only at that time I came to know she called 911. She told the police she is having a feeling that I am trying to kill her. Police asked do you have any quarrel, conflict etc.. She said nothing. They asked did I touch her or use any object etc. she said no. The police left my home.she did that two more times by calling 911. US State Police clearly told her, if she continue to make call like these, she will be booked on public nuisance call.
16) we went and saw the Social worker, HIV counselor. She said my husband does not want to provide any medical treatment. Counselor told her, nothing to worry. In US, no one will be denied on medical. Nothing to worry. I asked the counselor, she continue to pressuring me that she want to go back to India but at the same time making unnecessary 911 calls. The counselor told me she is in a new environment, She is in a sort of denial and suicidal. if she wants to go back to India, let her go. why you want to force her to stay? Let her go. Agreed and complied her request in getting tickets to India.
17) after coming to India, she wants her stuff from usa. I sent everythiing by courier to her address. Before that she changed the address without telling me. Courier had hard time delivering the stuff.
18) She contacted one of the kidnapping gang member and asked him to do something against me. I sent a strong message to that person to stay away from my family.
19) She didnt talk to me for more than 3 months. I came specifically to India to file the Divorce on Cruelty and desertion grounds in her home town. She filed RCR and MC. She didnt even show up for RCR counseling 4 times. In the meantime, she went and filed outrageous 498A complaint with the Police. The filed FIR and charge sheet yet to be filed.
20) When I came to her town to attend the Divorce Court Case, outside the Court house, the women's police took me to the station and gave me the notice 41A.
I have documentary evidences for everything.
Now the questions are as follows:
1) Being a NRI, I am yet to come across an honest lawyer who can take AB and quash it under 482. No one want to send me an email. Every one is verbal. But I am confident, once I fight it, I will definitely go after by filing 211. At the time to get compensation, I have to provide documentary evidence of how much I paid to lawyer in getting me AB, lawyer fee, other expenses etc.
2) Is it really worth it for me to stay in India to continue the case?
3) Based on my age, I am scared and not at all willing to risk my life in attending court cases in her town anymore. There is no protection aginst the social evil in India. Because she can do anything ( based on past history of kidnapping etc.). Money can talk in India, she will use that to extract money from me.
4) What happens if I never ever come back to India for the rest of my life. I dont have nothing left over there. After my death, whatever I have in my savings in US will go to various charity organization.
If she was honest, truthful - As a humanitarian basis I can help her out. But, using terrorism, I should not yield to her demands. Now, she stayed too long in India, she will have difficult time to come for US also at this stage. Becuase she already violated the Temporary GC status.
Experts, please let me know what should I do?
