MyNation Foundation Forum » Advice » Divorce

Counterstrategies for Muslim divorce

(3 posts)
  • Started 7 years ago by fightright
  • Latest reply from Adv.Kachave
  1. fightright
    Member

    Hello All - This is a brief background of my case.

    1. Married per Islamic law in 2005. Started residing in USA as a family since later 2005
    2. Wife was not working and finished her final year of undergraduate degree in USA after marriage (fee paid by wife's parents)
    3. Bought a property in USA in 2007. Had a child in 2008
    4. Wife and I had constant problems through our marriage which increased due to her mother's presence for delivery of child
    5. Wife left to India with child in late 2008 under the guise she was going for vacation. She took my 6 month old daughter. On reaching India, she requested an Islamic divorce
    6. Given that we have a property that I registered under both our names, I filed for an irreconcilable differences divorce in Oct 2008 in USA since I thought she would sign all necessary paperwork to transfer the property back to my name so that I could sell it and move on with my life
    7. I tried for the last 1 year to get one photograph of the child but she has never given me one
    8. She filed for divorce under cruelty in Chennai in Nov 2008
    9. I tried for reconciliation for 6 months but wife's side being extremely arrogant rejected all my advances
    10. She refused me to see my child, did not even send photographs. She has also filed custody petition in Chennai and asked that I cannot interfere or disturb
    11. She kept my immigration documents she had taken with her and refused to return them, I finally succeeded in getting them
    12. I gave power of attorney to elderly mother in India because I cannot travel to India due to current job situation in USA
    13. Wife and her lawyer have played underhand tactics. They applied to the court to reject my mother's power of attorney. The lower court accepted their motion.
    14. Wife and her lawyer have also succeeded in setting me ex-parte (divorce not yet granted) within the first few hearings which is astonishing
    15. Case has now been transferred to the court of another judge. I also sent her the religious Talaq. So, Islamically she is divorced
    16. I have changed three lawyers in India because every time they say they want a mutual consent divorce but do something on the background like asking for ex-parte above and asking for power of attorney to be rejected. Additionally, they also proposed unacceptable child visitation terms e.g. I can only see the child for 7 days in a calendar year between 9 AM to 9 PM at a location of their choosing, at my expense, according to the child's convenience, in the presence of wife and her parents. I did not agree to this.
    17. Additionally, they filed for dismissal of my case in USA which the USA court rejected
    18. Now, they have filed a counterclaim in the USA asking for divorce, child custody to be given to her, child support per US standards, division of all my property and share for her, maintenance and alimony and attorney's fees in USA
    19. My US attorney says the US court may grant her all this which I think is unfair given she deserted the marriage
    20. Now, my third Indian attorney is very senior and she has proposed settlement terms to them. I said I can give Rs. 5000 per month in child support. They are asking for Rs. 45000.
    21. Their motivation now seems to be to milk me in the USA

    I don't want to succumb to pressure. If the USA will grant her everything she is looking for, I don't see a point continuing the case here but I can't dismiss unless she agrees. So, I am thinking that I might just leave the USA permanently and come down to India. I come from a very middle class family and have struggled to reach the place I have reached in life. If I need to lose my ambitions and hope to come to India to deal with this situation, I want to ensure she does not go scot free. What are the counter strategies I could use if I come down to India to ensure she is unable to make sure she pays for what she has done to me. At a minimum, I don't want her to move on with her life for the next 10 years. As a muslim man, I can remarry. But, for the torture and cruelty she has subject me to and snatched away a baby I was getting attached to, she needs to pay. I think as a muslim man, I cannot do much but can someone either suggest or point me to threads where I can get more information on counterstrategies for a muslim man in India.

    Thank you.
    Fight Right

    Posted 7 years ago #
  2. ADMIN
    Key Master

    When you are NRI, you can`t ask custody of the child; if court grant you visitation, you have to be there at court assigned time, and offcourse you have to pay child support too;

    If you are in USA since 2005, within 2 years its difficult to get Green card, then how can you buy property in USA.
    if she filed claim in USA property then, they will not give all to her,but share whatever you earned after marriage.

    if you were already green card holder then you can always complain to INS that she used you to come to USA.

    As you do not have 498a or DV on you , you can come to india and fight this case. or if you do not have any plan to come to india, forget everything in india, get divorce in USA, stay there.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 7 years ago #
  3. Adv.Kachave
    Blocked

    Dear Sir,
    I have gone through your matter, I have great symphty for you, if your wife has filed any case in India, you engage your lawyer if you have served any notice/summons & fight in the court. If you will be emotional you have only loss, so be reasonable. Practical life is the fact of life. If any legal problem or advice is necessary, you may ask me being I am for my Nation.
    Thanking you, Your wellwisher,
    Adv. Ramchandra N. Kachave
    http://www.jaihindlegal.com, My Nation, http://www.jaihinsena.com
    M-9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #

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