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WSend them a legal notice seeking compensation for causing mental trauma by neglegently leaving a child on the road and letting an accident happen and then trying to extort money from you.WHMA has extra-territorial jurisdiction over Hindus married under the act. If one of the partners is still citizen domiciled in India, it doesn’t matter if the other has changed citizenship. Indian courts still have jurisdiction
The only way for India to loose jurisdiction in HMA cases is both partners changing citizenship and domicile to other countries
Even if the other partner is in another country, Indian govt can issue lookout notices against them over 498A cases and they would still be fugitives as far as India is concerned. As such traveling outside that country will be risky.
WRead the first news link in my post. The guy was an US citizen with his marriage done under HMA when he was still in India.What you said is meaningful only if the marriage was also under US law or if the guy doesnt have parents/siblings and has no need to ever travel outside USA.
WIf OP’s marriage was under HMA, then the US divorce has to comply with the tenets of HMA. Otherwise, the divorce can be disputed in India.Also, wife has the ability to file domestic violence cases against husband from India. In such cases, the husbands passport can be suspended to force them to return and face trial in india.
There have been numerous cases like that recently where wife files cases from India. Just one ridiculous example below.
Also, under HMA, divorce is not 100% guaranteed just because the wife is cheating. The court can still deny divorce based on the circumstances of the case.
And also, wife doesn’t forgo alimony/maintenance rights because of cheating.
So, merely being in the US isn’t going to help if the marriage was under Indian law.
W>- As a policyholder, you cannot take a loan against the policies that are endorsed under MWPA. In case you’re surrendering the policy, the proceeds due shall also go to the beneficiaries endorsed under MWPA.>- Beneficiaries mentioned in a policy endorsed under the MWPA cannot be changed after the policy is issued. Thus, even if the husband and wife divorce after the policy is taken, the beneficiaries (wife and/or children) will continue to remain the same.
>- All the proceedings from the policy including maturity amount, death claim, loan and surrender value shall vest in the beneficiaries registered under MWP act.
Read the first and last point about surrender. Once paid, the husband, relatives, debtors and nobody else can touch the proceeds from that policy.
WThe wife will remain the beneficiary even after divorce. There is absolutely no way to make any changes. Even if you surrender the policy, the benefits will have to go to your ex-wife.WIllegal/unjust enrichment is by itself is not a crime by virtue of just receiving it.However, if you refuse to return it back with the intent of benefiting from it, it will be deemed theft.
Ex: Let’s say that you got some money transferred to you by mistake. The bank cannot take it back without your permission. You can also refuse to return it to the sender till they takes you to court. But if you use the money and are not able to or refuse to return it back, it will then be considered theft.
W>”Illegal enrichment” in India, also known as “unjust enrichment,” refers to a situation where a party unjustly benefits at the expense of another, meaning they gain a profit or advantage without legal justification, often through a mistake, coercion, or fraud, and are therefore required to return that benefit to the rightful owner.W>”Illegal enrichment” in India, also known as “unjust enrichment,” refers to a situation where a party unjustly benefits at the expense of another, meaning they gain a profit or advantage without legal justification, often through a mistake, coercion, or fraud, and are therefore required to return that benefit to the rightful owner.Even if somebody gets unfairly enriched through a mistake, they would be liable to return it.
For example, if somebody accidentally deposits money into your account, you can refuse to pay them back. They will have to go to court and can have you pay them back. But if you spend the money and cannot return it back at that time, it becomes theft and you will go to prison over it.
WSomebody who cannot even seriously say “no” to their parents is unqualified for marriage or for that matter to pursue a romantic relationship. You are just whining like a 4 year old at this point.Learn to refuse. You are not financially dependent on them, so, what’s the worst that can happen? They will disown you? Then let them disown you. Will they try emotional blackmail and threaten to hang themselves? Then, offer to buy them rope.
Toxic people should be purged from your life even if they are your own parents, siblings or relatives. No need to be ruining your life and that of others by trying to please those around you.
As your original question, your wife can charge you with marital cruelty and seek divorce. You will have to pay maintenance to her for the rest of your life i.e. unless she remarries.
