Divorce, Alimony, Extradition
I am U.S. citizen and i got married according to hindu law in court in india last year. After my court marriage i came to U.S. so that i can file my wife's visa but despite of the fact that i applied for her visa she denied going for visa interview and as a result her visa application was set aside. Now after much deliberation she decided that she will apply for mutual consent divorce so she calls me from india for proceedings i flew back after few months with my heart broken to sign divorce papers but my in-laws along with some greedy cops set up a trap for me ! When i approached my wife with divorce papers they threatened me to give some settlement amount ( $ 10,000) in order to get divorce and in case if i refused to give them that amount i will be in jail (Cops in india do accept bribes and they were bribed to get the job done) cops came to me and arrested me saying that i have to pay her other wise my passport will be impounded. I argued with them saying that why should i pay you guys when i have not neglected my wife i am willing to accept her and i don't have problem maintaining her ! But my wife and her parents were stubborn so therefore with the help of some good people i left india before getting harrassed now my wife is claiming maintenance on grounds of desertion and her lawyer is threatening me that they will get me extradited from U.S. and get me arrested if i don't pay them ! My question to experts is being a U.S. citizen what should i do in case if i get an inquiry from consulate or embassy ? Should i apply for divorce annulment in U.S. ? What will be the right way to save myself ? Me and my family is tired of receiving frustrating phone calls from india ! Unfortunately indian law is women biased !
Re: Divorce, Alimony, Extradition
You apparently got your passport back, so does that mean you paid the money?
Nobody here can promise that they won't trump up charges against you, but extradition is an expensive process and you will be able to oppose any effort to extradite you.
If you want a divorce and a divorce is not being actively pursued in India, you can file for divorce in the state in which you are domiciled. You can check with a lawyer in India to see what, if any, additional steps might be required to have your divorce formally recognized in India.
Re: Divorce, Alimony, Extradition
Nop i did not pay any settlement amount in order to get my passport back because during interrogation i lodged a complaint against cops about asking money and therefore i was released without any problems............sir thank you for your reply. I am not asking for divorce right now because i have not ignored my wife at all. I am willing to keep her with me but they are the ones playing this fake game. She doesn't want to stay with me but she wants money from me. I have consulted indian lawyers and according to them the only way she qualifies for maintenance is when i have neglected her but in this case i have not neglected her. Since i mentioned earlier indian laws are women biased and cops also get greedy when they see american dollars so if i fly india to prove my innocence they will make sure that my passport gets impounded for several months and that is the only reason i want to prove my innocence from U.S. because i feel much safer here and our law is well organised. Just think of it why would cops arrest me without any investigation and they will release me conditionally demanding bride that is because all of them want money. All of them know that my weak point is my passport and once i get stuck over there i will loose my job for sure. In case if there is inquiry from indian embassy or U.S. embassy what necessary steps i should take from U.S. itself to prove that i have not neglected my wife ! Is there any specific case i should file in civil court to protect myself !
Re: Divorce, Alimony, Extradition
The issue of what you might do to protect yourself from some form of charge, valid or not, under Indian law is something you need to discuss with a lawyer in India.
Re: Divorce, Alimony, Extradition
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Quoting
Mr. Knowitall
The issue of what you might do to protect yourself from some form of charge, valid or not, under Indian law is something you need to discuss with a lawyer in India.
@ Mr. Knowitall ------ Lower court has passed orders in india to summon me via embasssy and i assume i will get inquiry through indian embassy in U.S. i really want to know what is the best i can do for myself ? Is it possible for indian embassy in U.S. to gather my salary information and attach my salary as a part of maintenance claimed by my wife in india ? I want to defend myself since i have not neglected my wife with any means......she is making my life miserable neither she wants to come U.S. and she just wants money from me ? Is there any way i can approach local court and file any lawsuit in order to protect myself ?
Re: Divorce, Alimony, Extradition
If the embassy chose to provide your with a lawyer to represent her in a U.S. legal action, it could do that. I don't see how she would be able to prosecute a legal action without coming to the U.S. for court hearings. I don't know of any country that hires divorce lawyers for their citizens who are getting divorced abroad.
The embassy can collect and relay any information you voluntarily provide.
The action you take in a U.S. court to end your relationship and your (U.S.) legal duties to a spouse is called a divorce.
Re: Divorce, Alimony, Extradition
@ Mr. Knowitall thank you very much for providing this valuable information. As of right now there is nothing much i can do because the lower court in india has forwarded papers to ministry of external affairs and i am just waiting for that right time when i get something in papers at that point i am thinking to proceed. So according to you i am entitle to defend myself if everything falls in U.S. legal system ? As of right now indian embassy will just serve me summons to attend trial in indian courts which i don't want to do that because they are intending to snatch me from the airport itself. In case if i don't attend any trials in india lower court will pass ex-party order against me and if maintenance amount is not paid duely then they will issue warrant against me. There is something called RCN (Red Corner Notice) which will get me arrested from the airport itself. As mentioned earlier indian legal system is womens biased and this miserable wife of mine is misusing it completely and now with the help of indian embassy they want to bother me in U.S. Is it possible to execute any arrest in U.S. without falling in U.S. legal system or do they need to fall in U.S. legal system in order to do that ?