need legal help for a divorce case/498-A

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choudharysaaab

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Hello everybody

One of my friends is suffering from a divorce case sued against him in USA. He is married to a NRI (citizen) and was working on a highly paid job in India for two years before his sifted to US with his in-laws. After few months, they (the family members of the girl) started him to tourcher and giving mental tensions because he could not get a "suitable job". He could not afford this and returned to India lately. What happened next is that, the girl came to India and tried to look for some "points" to prepare a ground for divorce. I dont know if she could find (i was one of his friends who got her phone call, and she was enquiring about his life in the college, that time i was not aware that the boy had come to India and something had happened between these guys)

She lodged the divorce file at California. The girl's mother came to India and asked the boys parents to return all the materials whatever they had given to them including the marriage expenses. She also threatened the boy's parents to go for 498-A. After this, the boy's parents agreed to pay all the expenses and return everything, but when they demanded that there should be some written document about this agreement signed by the girl and all these should be done after the divorce only, the girl's mother totally refused and went to the US with a warning of 498-A.

The boy is a middle class person, is living in a semi-urban area in Rajasthan, and is a graduate of IIT. Because of this the whole family is in tension and the boy is, upto some extent, depressed.

Could anybody please tell me what can be done in such a matter? They dont want to go to court, but, in any case if the girl's parents go to the police for 498-A this could be really a disaster for the boy, he is applying for PhD abroad, and such a case can affect his visa application later. A poor family and a well educated boy is going to be affected severely if something happens like 498-A against them.
 
I just can't imagine a Jat family behaving this way. Why can't they just sign the written document and divorce her. Why go through all the stress?

1. Divorce her
2. Return all her stuff

What's wrong with going to court to file divorce papers? That is not going to destroy him and his chances for pHD program. Only thing that can have an impact is if he has some kind of criminal record.
 
These are pressure tactics adopted by the girl's family to scare the boy. They are threatening him of the law of Domestic Violence. Since the boy is not living with the girl, therefore, there is no need to get scared. They can not do any thing. If you are away from the girl and do not have any contact for say atleast six months then there is a remote chance of taking advantage of this darconian law. It is very hard to take law in your hands in USA for personal advantages.

If the girl is working and boy was not working then it is a fair chance that he can claim alimony from her and can persue Phd studies in a university in US.
If you need futher information then I need detail and you may send me an e-mail through private message and we can discuss over the phone.

Yoginder Gulia
 
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