• Regarding marital life

I was married on Feb 5 2015 (when I was 32 years old and my wife was 31 years then) and lived with my wife till 18th Nov 2015, after which she wanted to move to Canada for an academic program for 2 years. I was working till July 2015 and I also wanted to study and hence I moved to an academic position with a lesser pay. Her initial plan was to return from Canada at the end of 2017. But after going there, she is now telling that she wants to live in US and doesn't want to come back to India and she wants a divorce now. During July 2016 (she was in Canada), I mentioned that I didn't like her being in touch with her ex-boyfriend. After that, she stopped interacting with me and during Nov 2016, she started this divorce talks. Now, she doesn't reply to any of my messages. I am doing my doctorate currently in a reputed institute in India.
What action can i take now?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

File for divorce by mutual consent in India

2) you can send divorce petition for her signature

3) it should be attested by Indian consulate

4) wife can execute POA in favour of relative in India

5) virtual presence through Skype would be sufficient

6) you will get divorce in 6 months

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

It appears she is interested to settle in US only and she can even break the marriage for remaining in US.

So I would advise you to settle the dispute amicably by way of mutual divorce when she is agreeable.

Else contested divorce suit and other criminal cases including case for maintenance would entangle you in litigation for long.

So if you find she is seriously asking for divorce then there is no point in running away from it.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) you can seek maintenance from wife if you are unable to maintain yourself

2) filing for divorce by mutual consent is best option

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

No marriage can survive without the equal participation of both the spouses.

Husband can also claim alimony but when he has no income whereas his wife has.

I can understand your mental position but unfortunately you can not force her to lead a martial life without her wish.

Do not worry there must someone better is waiting for you.

All the best.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. It will subserve mutual interests if both of you separate amicably through a mutual consent divorce which requires a positive agreement to be reached at.

2. In MCD the spouses have the liberty and latitude to enter into any mutual acceptable arrangement on alimony. Alimony can be paid by husband to wife and also vice-versa.

3. Under the Indian law a husband cannot get maintenance in a proceeding under 125 CrPC or DV Act. You can only claim litigation expenses from her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If she is not interested to continue the marital relationship then you can ask her to give divorce on mutual grounds.

You cannot monitor her everyday activities that whether she is still in touch with her ex-boy friend or not.

Being residing at a far off place the relationship between you and her may get more strained than improving if her mentality or intention is to cheat you or to go ahead as per her own desire and design.

Hence you may decide to go for divorce on the mutual consent grounds instead of handing over the dead relationship.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Since you are also highly qualified and able to earn a handsome income you cannot claim alimony or maintenance from her.

With this qualification you cannot sit idle to claim maintenance, any such claim is legally not maintainable.

Just because she is financially better off than you, it cannot entitle you from claiming any amount as compensation too.

Dont get misguided by the words of som greedy lawyer who for the purpose of getting their would fleece you with false promises and get you trapped form more years in litigation and ultimately ending up in disappointment.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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