I am working in USA from past 5 years (H1B Visa) and married since 3.5 years. My wife is living with me in USA since marriage. She is not working since marriage as she’s on dependent VISA. I invested a lot in her studies in USA and 6 months back she joined the Master (MS) in USA and came to India for F1 VISA (Student Visa) stamping. I was paying for her studies and also was the Financial Sponsor. After her VISA stamping, she filled her case in CAW cell. I attended 1st session and she said “she don’t want to live with me” and I said “I will live with her” I have to travel back this week and won’t be able to attend further CAW cell meetings. 1. Is it good idea to travel back now? As my wife is forcing in CAW cell to not to allow me for travel? 2. What should I say in CAW Cell regarding I won’t be able to attend further sessions? Will that impact my case? 3. For my safeguard, what should I do in USA (Like a notification to authority) for my safeguard so that when she (my wife) travel back in US for her studies. She should come to my house (where we were residing prior to her travel) and put me in some trouble of false claim. 4. Since she file a case against me. What out marital status now – disputed etc? 5. I am planning to withdraw my sponsorship etc and hope I am right with that.
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You should not travel back to USA now . Seek short dates from CAW cell
2) you should take the plea that you are willing to stay with wife , sponsored her education in USA but she refuses to stay with you
3) you should offer wife divorce by mutual consent if she does not want to stay with you
4) don’t withdraw your wife sponsorship
5) your stays is separated but not divorced
1. Why should not I travel back ? What are the complications? Can I give POA to my parents or can I ask for video conference in CAW cell. 2. Why should not I withdraw my sponsorship. Since she filled a case against me. I want to close all the payments since confirm to return or we decide to divorce. 3. What regarding complications she can do for me in USA ? Is she allowed to stay with me now ?
You can information them your travel schedule and take time for appearence they will understand your work commitment. Not attending can lead to adverse orders against you. You can withdraw. You can go for mutual Divorce. It depends on the order of the cell which you can challenge further
If you travel back to USA counselling fails and FIR would be registered against you
2) CAW would not agree for video conferencing
3) you should not withdraw your sponsorship as fact that you are sponsoring her studies shows that her claims are hollow and that you want reconciliation
4) in USA wife can file false complaints against you for domestic violence
1. Who are the members of the CAW cell to restrict your travel to US to join your employer without any Court order? You should issue a POA in favour of your friend or relative to attend the CAW cell's investigation and also future court cases if any in this regard on the ground that you are required to join your foreign employer for earning your livelihood. Meantime, co-operate with the CAW cell to their satisfaction and inform them about your requirement to return to your place of employment to save your job for which the investigation is required to be completed at the earliest.
2. You should request the CAW cell to complete the investigation at the earliest since you are required to join your foreign employer at the earliest to save your job. If necessary, you can also assure the CAW cell that you shall return to India for their further investigation if any or are available to attend the said further investigation through Skype from abroad.
3. You can just lodge a police complaint in USA alleging that your wife has lodged a false police complaint in India to harass you and you apprehend that she will further lodge such false police complaint after coming to USA and entering in to your residence in the USA.
4. Your marital status is still 'Married' and the said status is not disputed at all. You two have disputes but not your marital status.
5. You are at liberty to and within your right to withdraw your sponsorship for her said studies.
1. There is no restriction imposed on you by any body as yet for which you can travel back to your place of employment. You can seek availing the facility of video conference from the CAW for attending the investigation as suggested in my earlier post.
2. You have the right to withdraw your sponsorship and stop making any payment for her said studies as suggested in my earlier post.
3. She can lodge a false police complaint against you alleging domestic violence for which you should lodge a police complaint now itself to ensure that your wife is restrained from staying with you against your wish.
1. CAW meeting held on several occasions. So do not delay your travel to USA for this and if you have work to attend in USA go there.
2. You can authorise your parent or brother to represent you in the CAW counselling on your behalf.
3. In USA you can not get such restraint order to stop your wife from visiting you before hand unless he comes and commits violence with you.
4. Your marital status is - married.
5. You can withdraw.
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In USA she can seek restraint order against you and maintenance also. She can not though force her stay with you in USA.
1. If the FIR has not been registered yet then you are free to travel back. After the FIR gets registered then apply for anticipatory bail at the earliest.
2. CAW cell does not have the legal competence to stop you from travelling, only the court can put an embargo on this right.
3. Send a written representation to CAW cell on merits.
4. Unless the marriage is dissolved by a competent court your marital status will remain 'married'.
5. You are free to withdraw her sponsorship.
6. Under Indian law a wife has the right to reside in the house of her husband as long as the marriage remains in existence.
1.CAW cell police have no rights to stop you from traveling abroad, until there's no restrictions from a court of law, you don't have to worry about it.
2. You don't attend the session with CAW , let them file a failure report and recommend registration of FIR, they cannot do anything if you are not in the country.
3. You can lodge a complaint in US local police about her arrogant attitude and possible danger, after she is coming back to US.
You can take the help of local lawyer for obtaining a restraint order from local court on this apprehended danger
4. Until your marriage is not dissolved by a decree of divorce, your marital status will remain married.
5. You can decide about it based on the prevailing circumstances.
1. Since there's no case registered by CAW yet, you can travel back to US immediately. There is no restrictions to travel at this stage. POA deed cannot be given to criminal cases.
2. You can stop the sponsorship, this cannot be treated as an offence. It is up to you to decide about it.
3. Even if she is trying to create problems you can adopt the steps suggested in my previous post.