A very disturbed marital relationship potentially heading for divorce

something does not seem to right if only intends to divorce in India not USA, is this for alimony reasons, what ever the reason she is the mother of his child if she secure financially his son will be secure. too many explanations forb divorce, affair and physical abuse sounds fishy

 

one thing that doesnt seem rightto me is...how did your cousin happen to record the audio and video when he was being abused?? I did read on some other forums where men were giving each other suggestions on how to prove abuse or how to ensure wife doesnt get alimony and take a diff. route to make the court beleive the guys story etc...(I wonder why women never do this recording thing...

Mostly seems like issue related to alimony payment etc...however as per what I know...

For his wife to apply for H4 visa extension, she needs her husbands H1 papers..(the renewed ones..) so if he doesnt send those to her...she cant file extension or cant come to US

She cant file divorce in US, being in India....however if she files divorce case in India, your cousin may end up running around Indian courts for custody of his kids and alimony payments....(Indian courts take long time to settle divorce cases than US courts)

If she files divorce in US, the case depends on how long your cousin is married, and her employment status, kids and maintenance.

Its not your cousin who will decide on whether he wants to give a penny to hsi wife or not....he will end up paying child support n alimony if court orders so...and not paying it may land him in jail.


Last but not least...even before you talking about divorce etc...have you asked your cousin...what are her reasons for behaving this way??? and why did your cousin have a kidw ith such a horrible woman?? why the decision of divorce now instead of earlier or later? did they try counselling or therapy? dont get me wrong..but i do see any POTENTIAL in divorce......even before he says he quits, he has to work around things for the sake of the kid. this is not a childs play...time to show patience and understand the underlying behaviour of the wife and get therapy n medical attention if needed and fix the issue.

 

are all these recent EMA stories related to each other??

 

She can decide to contest a divorce case in US from India. She can be represented by attorney. It is a different(and illegal) matter, that your cousin decides not to let her know of proceedings here and get the order ex-parte in US. Actually, even for ex-parte, your cousin will have to give affidavit that she has been notified and she purposefully decided to ignore the proceedings. Again, being in India, employing attorney may be difficult financially for her.

First, the possibility part: the usual practice followed by both Indian and US courts when more than one court can claim territorial jurisdiction over a matter is, whichever court is first approached by any of litigants assumes its jurisdiction. It means that if the husband has filed a case in India, US court will normally reject to intervene and normally will not decide on the case. Note, I say normally, as in certain cases, other rules like citizenship may take precedence.

The case will be decided on basis of length of marriage, kids, circumstances of divorce and quite importantly the state in US. I am not sure of Texas laws. The law would generally give better deal to the spouse who has suffered abuse.

Under Indian IT act, all evidence on digital media is admissible till the original source where it was created is preserved. Did the violence happen in US or India? If in US, your cousin had the option of calling police for help. That would have meant, in many states, that he can get divorce easily without paying alimony.

Also, I would suggest your cousin settles this amicably with his wife for MCD with alimony/child support/custody issues mutually agreed. In contested cases the usual approach(which her lawyer will definitely suggest her) is, that in response to divorce notice, the wife will file criminal cases in India alleging harrasment, and then bargain in above issues.

 

Hi OP,
The audio-video tapes have done your friend in. It clearly means that the fights were set-up , the wife provoked to put up a fight. In all this scripted mess the hubby calls his dear friend as a witness !
All this helps in strengthening their case as they would rather die than give alimony.
The hubby behaves like a saint , wears a beatific smile while the wife raves and rants.
What if dear wife gives the custody of the child to the loving father? Why is it assumed that the wife will take care of the child and the father will be let off by sending a monthly cheque??
Think about it.
PS -Generally women play fair and dont set a stage, provoke hubby and make tapes.

 

Exactly.For all you know your cousin might end up raising the kid, if the court decides that the son cannot live with such an abusive mother/female(obviously based on the videos and audios your cousin is going to produce).

If he is such a saint , how is he even thinking of stopping her from coming to US??

 

heyyy I guess OP never said his cousin is not willing to raise his son....he is ready to raise his son by himself...thats not an issue...he is talking bout not paying a penny as alimony!!! (surely there is bitterness but what I didnt understand is the guy waited this long???? he had so many complaints from EMA to abuse and still had a babyw ith her?? thats my concern.....moreover is this the right time to think about divorce?? when the kid is just 2 yrs old....he needs his mom more than the dad....and dad says mom is abusive...(seems like her going to India and her H4 expiring has given him good ideas on how to keep her out of USA where laws are stringent and justice is served quickly on matters such as divorce n alimony/child support....)...

but if she really is that abusive...why did he let her take the kid with her??why not tell her to enjoy her vacation and he will try to get the experience of raising the baby as a single parent.....its not safe for a baby to be with a abusive person...specially when divorce proceedings are going on.

 

I disagree with this. Your cousin did a good job by recording it and it will be appreciated in right context in court. Court very well understands that when one party is recording a scene or conversation, it has clear advantage. But the fact is that physical abuse is unacceptable in any situation and provocation. Recently, a girl came up with a video tape to show how her father beat her with belt. Her effort and bravery were appreciated, and the evidence would have been admissible in court had it not been for statute of limitation of five years(the tape was more than 5 years old when she decided to publish it). Provoking to deliberately get a confession on telephone recording is a standard practice in some places. Some states in US however, do not accept recorded telephone conversation as evidence, unless the other party was warned about recording. It is admissible in Indian law, though.

We are guessing about custody issues, without knowing which way the fight is(do they both want custody, or only mother, or nobody). Unless, the father raises the issue, the court is not going to assume that the mother is unsafe for child (that is my opinion, I do not know any precedence).

 

However abusive the wife maybe does it automatically exempt the H from giving alimony?
Thanks for giving ideas of videotaping physical and verbal abuse and having a friend as a witness to prove it.May work both ways. :bowdown