Dear lawyers, My name is Atul, I am an NRI & living in USA for last 5 years. I got married in the year 2016 in India. And now my marriage is on the rocks. Basically my wife is continuously trash talking about my parents and does not want to take their responsibility. She dose not want my parents to come to US to visit me, when we last visited India she picked fights with my mother, talked rudely with her, also on my intervention she demanded a divorce & left my family. After a month she came back to USA, but now history is repeating itself! Every other week she is talking trash about my parents and threatening me with a divorce. I wish my parents to come to US but she doesn't want them to come here as she feels burdened by them. From last 1 week, she is threatening me with divorce. She keeps telling me that if she files for a divorce then she can claim half of my property. (I invested my last 5 years earnings to buy 2 houses in India.) she also keeps telling me that she can also get the half of my parents property. Basically she is giving me 2 options.. (1) Forget my parents, or (2) loose half of what I have earned. I am tired of this daily stress now. I need a peaceful life... I love my parents also do not have bad feeling about my wife. But at this old age my parents need me. They sacrificed a lot to make successful in life. Now when it is my turn to give my parents a better & quality life I have been threatened by wife with a divorce. Please advice me what I should do? 1. Can she really take away half of what I have earned? Also my ancestral property? 2. If she files for a divorce in India, do I have to leave my job in USA ? 3. Is there any law in India for parents protection? I do not have kids as of now. I am basically from Maharashtra (Mumbai). She is from a rich family, they also have ties to political party from Maharashtra.
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1) if divorce petition is filed in USA wife can claim 50 per cent of your assets acquired after marriage
2) wife has no share in property owned by your parents
3) sell one of your houses in india
4) if your wife files for divorce in india she cannot claim 50 per cent of your property
5) she would only be entitled to alimony
6) plan your startegy after consultation with local lawyer in Bombay
1. In India the law of the land does not entitle wife to have any share in the proeprty of husband. However if any divorce proceeding is initiated either of you in USA then the court in USA would direct you divide all your properties in half share with you.So act cautiously.
2. No,you can continue your job in USA.
3.No such law is there and your wife can very well file 498A case. Still there is nothing to worry as getting bail in suchc ases is very easy.
1. If divorce proceedings take place in US there will be division of assets, but there is no such provision under the Indian legal framework. The only right she has in India is to claim maintenance from you, a claim that you can contest. In India a wife has no right to claim a share in the property of her husband.
2. If she applies for divorce in India then you can contest it fittingly through your lawyer. It shall have no bearing on your job in US.
3. Your mother has the right to file a case under section 12 of DV Act to seek injunction against your wife to stop her from entering her house and also to restrain her from subjecting her to domestic violence.
1. Can she really take away half of what I have earned? Also my ancestral property?
no, wife has no right in the self acquired as well as ancestral property of husband. she is only entitled to get alimony or maintenance from the husband. person is the absolute owner of his self acquired property and ancestral property is divided among coparceners only. wife does not come under the term of coparcener so she cannot claim her share in ancestral property.
2. If she files for a divorce in India, do I have to leave my job in USA ?
No, divorce proceeding is a civil proceeding and no arrest or coercive action shall be taken in civil proceeding. you can authorise a person in India to pursue your divorce case in India. your appearance is required only at the time of recording of statement. however if opposite party agrees then you can submit your statement through email or registered post.
3. Is there any law in India for parents protection?
Yes, you can file a writ under article 226 of constitution of India and seeks protection order from the high court against any false case which may be filed by your wife. if you think that your wife can file false dowry or cruelty case then you can take such order to protect your family from harassment.
1. Your wife is giving s hollow threat to you. As per Indian law, wife has no right on her husband's properties during his lifetime. She can not claim his ancestral properties also when her husband is alive. She can claim maintenance from you if she is not employed.
2. If she files a divorce suit in India you can engage a lawyer in India to defend you and also execute a POA in favour of anybody in India to represent you in the said case. If you do not attend the hearing the decree of divorce will be granted exparte in her favour.
3. If you can collect evidence that she wants you to leave your old and ailing parents for continuing married life with her, you can file a divorce suit in India on the ground of cruelty and in that case you are expected to be granted decree of divorce for her said cruel acts. Moreover, your mother can file a DV case against her alleging domestic violence.
1. Can she really take away half of what I have earned? Also my ancestral property?
She has no rights even for a handful of mud from your property. Her claims are mere threats, there is no law entitling her your property during your lifetime, If she wants to divorce you, better ask her to prepare the divorce papers on mutual consent grounds, but warn her that she will not even a single pie from you besides not entitled for any share in any property that belongs to you or on your parents or your ancestral properties.
2. If she files for a divorce in India, do I have to leave my job in USA ?
Let she file divorce in India, that will be safe for you because as per Indian laws, she is not entitled to any share in your property whether living together with you or getting divorced. Ask her to go ahead.
You cannot lose your job becasue she has filed divorce case against you.
3. Is there any law in India for parents protection?
She may file false cases against them, let them obtain anticipatory bail in case she is filing false FIR against them,
