• Regarding complaint against father-in-law

Hi
I got married in Feb 2015 (my age during marriage was 32, and my wife's age was 31), and my wife went to Canada in Nov 2015 for work purpose. She was supposed to return in Dec 2017, but after going there, she had told me that she wouldnt come back because of incompatibility reasons. My father in law initially tried to convince me to wait till Dec 2017, but after we contacted him in Feb 2018, he informed us that she had extended her visa for 6 months. He tried to negotiate with us but since my wife was not interested in marriage, and even I am not enthusiastic towards this relationship, we somehow told him to inform her to come, finish off the divorce formalities and return whereever she wants. He told she would come to India in September 2018. But when I saw her facebook profile before a few days, she had updated her location to US. It looks like she has got admission for higher studies in US, and since college will start in August, most likely she will not come to India in September.
Now I am doubtful if my father in law colluded with my wife and simply making me wait for an indefinite time.
Can I file a cheating case against father in law for wasting my time without properly intimating me? Or should I send a divorce notice to her (to India address since I don't know her address in US)?
Also, I am not sure if she has given her marital status as single/married in US visa. If she gives her marital status as single (her passport still says unmarried), is it a criminal offense in US?
Asked 7 years ago in Family Law
Religion: Hindu

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20 Answers

1) send divorce notice to wife at her Indian address

2) if wife has suppressed material facts about her marriage in visa application her visa can be revoked

3) don’t file any cheating case against FIL

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Dear client .. now approx 2and1/2 to 3 years .. over she is staying in Canada and USA..

Sir if u have that phone call regarding.. or email or message for that she said (I Will NOT COME BACK for INCOMPATIBLITY.) Then u can file the

divorce case against her.. as she is staying separately in Canada and she told she will never come back to me.

Then also I waited till now because her father was go

Giving me false hope that she will come..

But she didn't return

So I want Divorce on the ground or cruelty and desertion.

Pl give RATING for Appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

Firslty, see not updating the marital status on the passport will not create an attempt of any offence.

Secondly, and you do not have to mention her present US address you can simply send the legal notice for divorce to her parental house as well as in her email I’d.

Thirdly, if she doesn’t respond to it then please file a divorce case on the ground of desertion without any sufficient reason.

Fourthly, if she doesn’t come to India for proceedings before the court of law then ex parte divorce would be granted, and you would be out of the deadlock of marriage.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

hello

file a divorce case against her and a complaint against her in the regional passport office stating that she is traveling on forged documents. the RPO will send her a notice and in case she does not return or reply her passport can be canceled. if she does not come during divorce proceedings then the divorce can be granted ex parte by the court.

divorce can be granted on grounds of desertion and cruelty.

also, file a complaint with the US embassy against such fraudulent behavior and duping the USCIS. do these things ASAP and they themselves will contact you.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Do not wait for her anymore and file a case for divorce on the ground of metal cruelty.

2. No case of cheating will lie either against her or her father.

3. Since she is USA it is unlikely that she would come come and contest the suit in India.

4. There is no point in waiting for her anymore and file mutual divorce. So file the contested suit for divorce now.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You cannot file cheating case against your father in law for this.

No such case is maintainable.

If you don't believe her to return by September then you may initiate divorce process immediately by filing a divorce case on the grounds of cruelty and desertion.

You can send the summons to her Indian address itself.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. This is no cheating in legal parlance. Your wife does not wish to cohabit with you, which is not cheating. No case of cheating is made out against your wife much less father-in-law.

2. Surely, giving wrong marital status in US is an offence.

3. You are free to unilaterally file a petition for dissolution of marriage on the ground of cruelty and desertion.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

File a divorce case on the ground of metal cruelty. No case of cheating will be lie against her father. Contact a local lawyer.

Lying or committing fraud to obtain a Visa or any other immigration benefit can have very grave consequences. A finding of fraud or misrepresentation in the immigration context makes the visa applicant permanently inadmissible to the United States. So the impact on an individual’s life can result in a permanent bar on entry to the United States.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Eventually he is not responsible for any cheating between husband and wife you need to get the information from her straight away otherwise you can take any legal action required on your wife only as she has deserted you from last 2 years.

If you don't wish to continue in this relationship you can file a divorce petition in the family court and in case she does not appear in the port it will be an ex Parte decree

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

You must file a divorce case and send a notice to her indian address.

If she fails to attend the court proceedings then the court will proceed ex parte and will pass the divorce decree accordingly.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Filing a case of cheating will only ruin things and your prospects of getting a divorce asap.

Send her a divorce notice calling upon to come here and participate in the mutual consent divorce proceedings.

If she's unable to come, she may also give a POA to her father to be her agent and represent her in this divorce case.

Her statements can be recorded through video conferencing.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes, if she has given a wrong position as to the status of her marriage, that would amount to an offence.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You have no valid grounds to file a criminal case against your father-in-law. You have to find out your wife's correct contact details, first. If you are unable to obtain the same, you may send out the notice to her last known address in India, for initiating divorce proceedings. Without knowing for certain what she has declared in her US visa application, it would be inappropriate to take further steps.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Yes you can claim the marriage expenses and the expenses incurred thereafter.

However, I would advice you to file a case of divorce and get the decree ex parte.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can place your demand to him since it is an out of court arrangement or compromise agreement.

Let him say yes or no, dont worry even if he is declining to accede to your request, you may concentrate on the main issue of getting rid of such people forever.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

hello

all these demands of yours are not illegal and are valid and reasonable, hence they can be demanded and should be given as a price for her attitude and fraudulent behavior.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

In out of court settlement the parties can pay any amount to each other.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You cannot claim marriage expenses incurred by you for marriage

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

You may do so by sending him a legal notice, but it will be a long-drawn civil matter.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Hi,

To prevent facing irony of false cases by them, you may first file a case for restitution of conjugal rights.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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