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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I got married in India and brought my wife in UK after I signed

Customer Question

I got married in India and brought my wife in UK after I signed guardianship document for child who was 14 years old. I sent aphid avid from local solicitor in UK for him to apply for visa. He came and stayed with us. Mean while my wife refused to have sex with me and I had married because I wished to have a son of my own. Besides her refusal to have sex she contributed only £100.00 toward house expense although she had promised to give her entire salary if I called her son and also wroe on piece of paper that she would not claim anything if we got divorced. On her firm refusal to have sex I files divorce. She left house and did not leave any address or phone number. Two months before her solicitor wrote letter to my solicitor. Her visas and that of her child have expired in November last year. She and her son are still in the country. Now Child Benefit agency are demanding money from me for child maintenance starting fro December last year. Now they are supposed to be out of this country and not be claiming. Please advise me what ti do! Thank you. Regds. narendra.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did you actually adopt the child?
Clare
Customer: replied 1 year ago.

I have not signed any adoption document in the UK. From UK a Power of Attorney was signed by me and my wife Alpa Narendra Keshavji appointing my brother in law Sunilkumar Sureshbhai Chauhan to help my wife's biological son to apply for visas and acquire visa and come to UK.The power of attorney was prepared by solicitor in LEICESTER. I had gone to India from 12 sep 2012 to 20 Sep 2012. I had actually gone to bring my wife Alpa but on reaching there she asked me to sign apportion papers for her son so he could join us later on. Within this span of 9 days I hardly slept with peace. All days went in local court in Palsana. My brother in law would meet different solicitors and the application was not recognised by some local officers and so some of them suspected fraud and others suspected complications, and besides that, there was rainy season. my brother in law wanted me to sign paper of guardianship. Till now I had stayed with my wife only 12 days when I got married. then I went to India for 15 days from 29 Feb 2012 to 14 Mar 2012. Then 9 days when I went to see my wife. Allthis while my wife and her son were living with my brother in law in Taraj, Palsana, Surat District.In the application it is written that since my marriage with Alpa on 11/02/2011 Alpaben and her son Vashishth were living together with me. Here it is written in the application that my wife Alpaben was his biological mother and because she and her son had lived with me together since our marriage, I had preffered to be his guardian. in the application it is written that Vashisth would be best served if the applicant is declared to be guardian of the person of minor Vashishth along with Alpaben who is the mother of minor Vashishth.

I was led to believe that this affidavit was only prepared to acquire passport for Vashishth. Because if I did not sign for guardianship and Alpaben was coming to UK with me, so without parent or guardian, Vashishth cannot make application for Indian passport and all that process of visas for UK unless I appoint my brother in law as guardian. Hence in reality I have not signed the adoption paper. It was just for a formality to appoint my brother in law as guardian, The adoption paper does not have Official Letter Head or special official Paper. It is prepared on ordinary paper. It does to have Official Stamp of Indian Government. Hence it is not legal.I have been cheated and fooled by my wife and her brother in a span of 9 days in India. I sent Power of Attorney from here but it was in joint name with my wife. I request you to please solve my problem. I have got topay mortgage of £55500/=. I an already 61 yrs and 6 months old. I will not be able to pay my mortgage by the time I retire. I am already heart patient. I WILL NOT BE ABLE TO WORK AFTER MY RETIREMENT. I will have to pay my mortgage from whatever saving I have. I amstill trying to build up my saving. My wife was not cooperating with me and she paid me only £100/ a month although she was working full time and earning good money. After all she refused to have sex with me. Then she wanted me to acquire UK visas for her and for her son. I lived like a hostage. I was frightened, once she pushed my mother and when I went to save my mum, she asked her son to call police to complain that I hurt her. I just intervened in time to stop her from pushing more by preventing her hand from pushing my mother. So when police cae, they ased my mother to withdraw her allegation and asked Alpaben to withdraw her allegation because here her son was also there and wanted to fight with me. I do nights and my wife was also doing nights. But when I was at work and she was at home I was under tension for the safety of my mother. Please ell me. Thanks. Narendra.

Expert:  Clare replied 1 year ago.
Hi
For clarity - whilst you did not agree to an Adoption the Child Maintenance Service have said that there is one is that correct?
Clare
Customer: replied 1 year ago.
I tried to ring child support team yesterday. They asked for security PIN number. I. Said I have lost it or misplaced. The operator again and again asked me to give e.g 1st digit, then 4th digit and asked me to guess. I said honestly I cannot guess the numbers. The operator asked what was the last digit. Then I said I cannot answer PIN number but If she asked any other question I would be willing to answer. Then she cut off the phone . Previous to that I asked to a man in child care if he had any legal document signed by me saying that I had adopted the child with legal government marking , he did not answer properly and said that he is going to refer to the opposite solicitor. Here I had only sent guardianship document signed by me and my wife to my brother in law for caring out visa prosigers for Vashishth. So I do not think that is a legal document of adoption. In India some notararies take bribes and ask to sign, but I do not think that is legal. When I asked my wife if she had legally divorced from her husband, she said yes. But the document could not be recognised by British government so she had to legally divorce through court. Now the adoption document Shuld have official marking on it of Indian government. That is not there. There is only stamp on papers in blue markings but there is not any of my signature on it while there is signature of Indian solicitor, judge,, but it is on plain paper and just stamped with hand on all about three pages. My wife claimed in the document that she had stayed with her son with me since her marriage. That is wrong. She stayed with my brother in law all these years except 12 days i1st time, 14 days second time and 9 days third time. Her son did not live all this times with us when I went to visit India. I stayed in hotel accommodation and when son was together he stayed with us in different accommodation arranged and paid by me. Because he used to go to school. While their visas are expired and I have asked the immigration not to extend their visas and ask to leave the country , I do not know why the child benefit agency want to claim money from me. thaks. Narendra.
Customer: replied 1 year ago.

It seems that I have signed the paper of adoption on the ground for him to get INDIAN PASSPORT and that paper was later in my absence forwarded to Surat District court which issued a certificate. Then when Vashishth was taken to Mumbai for visa he was not able to acquire visa unless I signed adoption document, hence my wife asked me to down load the document and I signed it. In it, it was written that I would be bound for 5 years for Vashishth's maintenance. I said to my wife that I cannot do that because I had mortgage and other commitments. She and her brother in India coned me and she said she would work here and give whole salary to me apart from her usual personal expense.like £20/= a week. She also signed on a piece of paper that she would give me her entire salary, would seek job if she was out of work and not claim any money from me in case if she was divorced.and pleaded to send the document by e mail. I got suspicious so I did not send but she might have sent from outside. I HAD NO CLUE THAT SHE WAS CONSPIRING with me along with her brother. I think Vashishth could have got visas even if I did not sign the document. But the immigration gave him limited visa valid till november 2014. I have not signed for extension of visas. I pleaded home office to send them back and gave all details of her insurance number, bank account, work and the police that attended the house when she left. I do not know why the government wants to keep them and burden me.

Customer: replied 1 year ago.

The certificate of adoption is not with me. It must have been taken by my wife and Vashishth along with some other documents.

Expert:  Clare replied 1 year ago.
Hi
So, for clarity,you di din fact adopt the child in India.
is that correct?
How much is your gross income?
Clare
Customer: replied 1 year ago.
The adoption in India is fraudulent. I have not adopted him in the UK and have never legally tried to adopt him here. He does not stay with me and he stays with his mother. There is no real and true document of adoption that can be recognised in this country. Hence I think I am not liable to pay child maintainence for Vashishth.
Thanks.
Narendra.
Expert:  Clare replied 1 year ago.
Hi
Can YOU prove that the Indian adoption is not valid?
Clare
Customer: replied 1 year ago.
In the adoption appeal it is written that my wife and Vashishth stayed together since I got married ion 11/2/2012. But you can see in my passport that we have not stayed together since 11/2/2012. I had staed with my wife only 12 days and returned to UK. They altered the application of adoption to pass in cort and get adoption certificate. Hence it is fraudulent. You can verify by looking stamps in my passport and the writing on a plain paper of application.
I believe that if a British citizen wants to adopt a child in India, the paper work is to be done in the UK and approved in the UK. I have never made application of adoption in the UK. Hence I feel I am not liable.
Thanks. Regds. Narendra.
Expert:  Clare replied 1 year ago.
Hi
At present your ex has presented the CMS with evidence that you adopted the child in India (rules are different where you are adopting a stepchild).
If you had legally adopted the child then you would be required to pay Child Maintenance at 12% or your gross income
If you wish to avoid having to make these payments then YOU have to prove that the Adoption was not legal.
Your starting point is to notify the CMS that you wish to appeal on the basis that the Adoption Certificate is not valid
It will then be up to you to bring evidence from the indian Court to prove your case
Please ask if you need further details
Clare

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