Candidate is not willing to bring my sister to USA after marriage
Candidate is in OPT F1 visa in USA and their family forced / convinced us to perform marriage in 3 days. marriage has been performed on 01 Feb 2015. Candidate left country on 8 Feb 2015. There was no physical relationship between boy and my sister marriage. Their family demanded for 9 lac in cash and gold. we had given to them. Now mother-in-law and husband both are mentally torturing my sister and ask for money every time directly/indirectly. Boy doesn't even talk to my sister for months and Also candidate is not willing to process her visa and bringing her to USA. They are keep giving excuses.
My sister is working in MNC in Bangalore at Package of 4.8 Lac/ Annum.
I would like to know possible solution in both cases
1. Divorce + Maintainance.
2. Make Candidate agree to bring my sister to USA
Asked 3 years ago in Family Law from Bangalore, Andaman and Nicobar Islands
where was the marriage performed, has it been registered under the Hindu Marriage Act. If so, and in bangalore, then you can ask your sister to proceed to file Criminal cases against her husband, mother-in law and her husband under the provisions of the Dowry act.
Is your sister staying at her in-laws house after marriage or she is staying with your parents.
It is better to file RCR in the family court, thus enabling your sister to obtain permission to make candidate to agree to bring your sister to USA.
1) file police complaint under section 498A for dowry harassment against husband and in laws
2) aka file domestic violence case and seek right to stay in matrimonial home or alternative accommodation
3) once case is filed husband will come forward for an out of court settlement
4) wife is not entitled to maintenance as she is working and earning decent salary
5) once settlement is arrived at you can file for divorce by mutual consent
Thanks for answer.
Marriage is performed in Meerut, UP. Marriage is registered at Meerut, UP. It has been registered under Hindu Marriage Act. She is not staying at in-law's place. She stays in Bangalore alone at Service apartment. We don't want her to stay in her in-laws place without husband presence.
What do you mean by settlement? Is it monetary settlement or Candidate will agree to bring her to USA?
How long will it take to get divorce as marriage was performed on Feb 2015
Asked 3 years ago
Your sister is staying in Bangalore from the time of marriage, or moved to Bangalore very recently. Then in that case she can file the case here in Bangalore. Proof's needed. I have not used the word settlement anywhere in my earlier reply.
If she files an RCR in that case she can compel her husband to take her to USA.
1) you cannot file for divorce unless period of 2 year has elapsed from date of marriage
2) settlement would be return of rs 9 lakhs cash taken as dowry plus. Alimony at time of divorce
3) contested divorce cases take 5 years to be disposed of
4) file 498A and DV case as advised
Please note as per your query:-
1.She can file Divorce Suit after one year of marriage in Family or District Court at Meerut. But she can not claim maintenance as she is employed.
2.Ask her to file a suit for Restitution of Conjugal Right with a petition for impounding of passport in the same Court.
There is no reason for divorce especially for a marriage which is lasting hardly form 5 months or so. Dont ruin the life of your sister on some false and flimsy grounds. If her parents in law or really greedy and demanding more amount as dowry, she has got liberty to lodge a police complaint against them on dowry harassment offences/charges.
She being employed handsomely, is not entitled to seek monthly maintenance from him. In fact she can file a case under the protection of women from domestic violence act in which she can implead her parents in law too.
She can even send a notice to her husband to take her to US as he is living there.
1. You have said you were ''forced/convinced' to marry within 3 days. The words 'force' and 'convince' are not synonyms.
2. If you were forced then what is the nature of force which was employed?
3. If you were convinced to marry then you have no right to action in a court of law.
4. Your sister can file for divorce on the ground of cruelty.
5. She can also claim compensation for the abuse, if any, suffered by her, albeit she cannot claim for maintenance as she is employed.
6. A monetary settlement is possible only if either the court orders it or there is an agreement between your sister and her husband.
7. If her husband contests the divorce proceedings it may take 2 years or thereabout for the proceedings to conclude.
8. He cannot be forced to take his wife to USA.
Divorce can be filed under section 13(1)(ia) of Hindu marriage act along with an application under section 14 of Hindu marriage act and also claim alimony.
Its take time more then 2 years.
She may also file a complaint against him before criminal court under section 12 of domestic violence act read with section 18/19/20/22 of domestic violence act and claim protection, right to residence, monetary relief, and compensation.
You may contact over the phone after pay the consultation fee which is very nominal
Advocate, New Delhi
If the girl doesn't want to continue ue with her marriage then she can file a divorce case in Bangalore court. She can file for maintenance but since she's working mostly she might not get anything but she can claim alimony at the time of divorce. She can also file 498a against her husband and in-laws. She has any proofs that her in-laws have been demanding dowry? Harassing her?
Since marriage took place in India and both the parties stay in India divorce or any court proceedings will happen only in India. So no point going to US.