Ok..Guys..I need a legal advice. Please no guessing answer. I married a girl from India 1-year ago. We live with our parents. My parents bought $10K worth of jewerly to give her upon birth of my child. She was pregnant but 2 months ago she left the house when no one was there and opened a safe deposit box at a local bank and stole all that jewelry my parents had bought. After that in 2 weeks she went ahead and got the abortion. What are my parents legal rights? I was a tenant in my parents house and my dad and I had agreed that I will pay him $1000 a month rent for me and my wife. Based on this, what can I do? Can my parents file a police report against my wife? I am divorcing my wife because probably she murdered my child. Probably means I am not sure if it was my child. Any true legal advice would be truly appreciated.
2006-12-20 16:15:54 · 20 answers · asked by Mike T 1 in Family & Relationships ➔ Marriage & Divorce
Since your parents had brought jewelry but had not yet gifted it to her she is liable for the offence of theft. For this they have right to file a criminal complaint against her for theft. As far your Divorce case what is important to know under which legal statue you married this Indian girl? If your local law allows you to marry any foreigner (in this case Indian) what are the condition of divorce. If you married this girl in India under which law you married her. Usually Indian can marry any foreigner only under The Foreigner Marriage Act,1969. According to this Act you can give her divorce on any of the following ground only:- eg adultery, desertion of 3years or above,imprisonment of 7 years or above,cruelty,unsound mind, suffering from venereal disease, not heard being alive for 7 years. In your case cruelty as she got your child aborted without you permission seems to be a good ground. For further clarification do write to me with full details I mentioned above.
2006-12-20 17:35:28 · answer #1 · answered by bisexualmale s 6 · 1⤊ 0⤋
If she had legal access to the safe deposit box - meaning, she was on the bank's list of authorized people to open it & she had a key, then there isn't anything you can do. If she wasn't on the bank's list of authorized people and she didn't have a key, then she shouldn't have been able to get into the box in first place.
Unless she stole directly from the house then your parents can't really file charges against her. Not only that, but unless you and your dad had a formal lease, what you verbally agreed to pay or not to pay would be hard to prove since there was no paperwork.
2006-12-20 16:20:37 · answer #2 · answered by Rawrrrr 6 · 0⤊ 0⤋
This is something that you should discuss with your divorce lawyer. While your parents could pursue filing a theft claim if the jewelry had not yet been given to her because the baby had not been born, but since two months have passed since the theft occurred and the ownership of the jewelry is probably not readily apparent, it is likely they will be told the matter is civil and they can pursue civil litigation against your soon to be ex-wife.
Better yet, if your parents had insurance on the jewelry under their homeowners policy, they could file a claim and if they end up paying out to your parents on the claim, the insurance company could and would most likely pursue litigation against your soon to be ex-wife.
2006-12-20 16:29:16 · answer #3 · answered by bottleblondemama 7 · 0⤊ 0⤋
First file a complaint for theft of jewellery, when the police asks you if you suspect someone, say that besides you only your wife has the keys, that makes your wife suspect . Then tell the police she is missing for some days and that you suspect foul play. Leave the rest to the police, when they draw up the case for the missing jewellery, gather each evidence and bring up multiple cases against her, this will also give you grounds for divorce.
Personal advice, she must have married you with the very intention, nothing new! But I feel sorry that you have to go through this!
2006-12-20 20:16:43 · answer #4 · answered by indiangal 3 · 0⤊ 0⤋
Regarding the jewelry I full agree with ‘Rawrrrr.’ Is it legally possible for her to abort the child without the father’s signature? This may be your case for legal action. In any case I don’t understand why you are looking for advice here instead of consulting with a good lawyer???
2006-12-20 21:05:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If she was suppose to get the jewelry only when the child was born then I believe your parents can have her charged with stealing. As for the other problem I'm not sure.
2006-12-20 16:22:39 · answer #6 · answered by acestjohn 2 · 0⤊ 0⤋
Had you parents given her the jewelry? If so nothing you can do. If not she committed a crime. When you two got married, was she a US citizen? If not and she became one after the marriage she may have used you to get her citizenship. Contact immigrations.
2006-12-20 16:20:57 · answer #7 · answered by cm f 3 · 1⤊ 0⤋
I'm sorry to hear this man! I feel your pain. Divorce the ***** first and go legal on her. Get the best divorce lawyer and get half your jewellary back. I'm sorry I cant help you in your legal issues but can offer a few words of comfort.
2006-12-20 20:52:06 · answer #8 · answered by nice guy 4 · 0⤊ 0⤋
Just a clarification on something posted above...
A foreigner can marry and Indian under many of the Indian civil laws. For example, I married my Indian husband under the Hindu civil law - anything can happen in India!
As for what divorce law will apply, if he is divorcing her in the US, than American divorce laws will apply.
2006-12-20 22:01:37 · answer #9 · answered by CV 3 · 0⤊ 0⤋
I'm sorry but you're wife is leagally entitled to the safe deposit box but take her for all she has in the divorce good luck
2006-12-21 04:48:24 · answer #10 · answered by hot_kokoa 3 · 0⤊ 0⤋