I am H1b visa holder living in US.I got arranged married in April 2016 and this between us has not been good since beginning . We will fight quite often on different issues. Things got worse when my wife tried to commit suicide in month of July.and this thing scared me a lot. We tried to get things normal but things got worse only.
Currently she is India with her parents, and we are trying to get things sorted out during this I have few questions :
1) If we agree to compromise , she comes to US and things don't work out between US and she takes some wrong step like trying to commit suicide , call cops on me what actions can I take to prevent such situation ?
2) If she files any criminal case against me and family back in India and court issues a summon for me do I need to go to India or in other words is there any way they can force me to come to India ?
Asked 1 year ago in Family Law from United States
1) insist that wife consult a psychiatrist
2) insist that wife take medication prescribed by psychiatrist
3) your wife may be suffering from mental illness
4) in case wife attempts suicide lodge NC with local police station in this regard
5) if wife files false case obtain AB from sessions court in India
6) if you refuse to return look out notice would be issued against you
7) your passport may be impounded
1. You should take an affidavit from her affirming that she had tried to commit suicide earlier in the USA on trivial domestic issues out of blind rage which she regrets now and assures that she will not repeat her mistake under any circumstances and if she is found to have committed such mistake again, her husband will not be held responsible in any way since she looses control on her mind when she gets angry for trivial domestic issues. This may insulate you to some extent if she further commits the same mistake.
2. You will be required to come to India on being served with a notice from the Court. You can engage a lawyer in India to represent you. Once the notice is served on you in USA, you will be required to appear before the Court and take its approval to return to USA to earn your livelihood. If the FIR is registered against non-bailable sections of IPC like 498A, you shall have to take anticipatory bail from the Court.
1. Committing suicide? I think you are thinking too much. On such line of thinking one can not survive marriage. And if she indeed does that even in India then I find no difference as afar as rigours of law is concerned.
2. Yes, you will have to attend the proceedings in India including taking of bail.
1. You can install CCTV cameras inside your house to collect evidence of your innocence. If she files a complaint for domestic violence then you can use CCTV footage to repel her allegations.
2. You are bound by the processes issued in India by Indian courts, so if summons is issued then engage a lawyer for your defence, failing which the coercive process through warrants and LOC will issue against you. You can be arrested and brought back to India.