Hello,

You can not take any step to prevent them from filing a case in India. You can just defend the case as and when required.

Also if you want that your divorce remains a valid one in India then obtain divorce on the grounds mentioned in the Hindu Marriage Act.

Regards

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you. You can ask court to grant divorce if you feel that you have been subjected to . .

• Mental cruelty

• Harassment

• false 498a case

• marriage non-consummated

• Mutual consent

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

Under Section 13(e), Civil Procedure Code, the foreign judgment is open to challenge "where it has been obtained by fraud". Fraud as to the merits of the respondent's case may be ignored and his allegation that he and his wife "have lived separate and apart for more than three (3) consecutive years without cohabitation and that there is no possibility of a reconciliation" may be assumed to be true. But fraud as to the jurisdiction of the foreign court is a vital consideration in the recognition of the decree passed by that court.

As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.

If a dowry harassment case is lodged against you, then take the bail and contest the case .If you want a divorce then try for mutual divorce

Hi,

If you are married in India your divorce should be only granted by Indian Court only.

Merely taking divorce from USA will not give you any relief in India and your marriage will not be nullified.

Even if divorce is granted in USA that should be ratified in Indian Court.

In case any 498A or dowry act case is filed you need to face when ever you come back.

Any maintenance and alimony to the wife will also be your responsibility.

1) it does not make sense to file divorce case in USA

2) divorce decree would not be valid in India unless your wife participated in divorce proceedings

3) in fact it would aggravate the issue and wife would file false cases against you in India of dowry harassment and domestic violence

4) gather evidence of your wife adultery then file divorce case in India

If both of you are ready for divorce then go for mutual consent, if you are not willing to return to India then file divorce case against her in USA and settled there but the divorce granted by the USA court will not be valid in India as per section 13 of CPC.

13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

It will be better that if there is any threat from your inlaws side then file a complaint against them before police or court and if after your case, they file any case or complaint against you then their complaint or case can be consider as counterblast case.

It will be better to contact over the phone with all the details of your case or situation to get beat advise.

Feel free to call

Dear Sir,

1. Since you in USA it is very difficult for your spouse to reach you to serve the notice or summons in respect of proposed complaint under section 498a of Indian Penal Code, 1860. In most cases the FIRs would be closed due to complicity of procedures. The precaution to take anticipatory bail but you are not in India and not returning so it is not necessary.

The details of dowry system and offence unders section 498a IPC is as found in the following link, it is fight against the misuse of section 498a of Indian Penal Code. You may make use of contents there in,

http://www.498a.org/

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Dear Sir,

I am unaware of divorce law of USA. Sorry.

Dear Concerned,

As you and your wife both are staying in USA and you suspect her f having an affair - there are two options you have

a. Speak to her and ask her if she is willing to give you divorce by Mutual consent and do that in the concerned US court OR

b. File contested divorce case in US itself as you have been staying there.

PLEASE note that ONLY if the divorce taken in US is not attended by your wife that Divorce can be challenged and will not be valid in India. Taking a DIVORCE with you wife being part of the proceeding would be far more easier a process than that in India.

Yes your parents in law may file false case against dowry - However as your wife is in US and assuming she is there with you since decent no of years - it would become difficult for them to REGISTER a case (FIR)against you, given the various positive judgments from the Apex Court of India. You may not be able to restrain them for filing false case here in India if they want to, but it may not be easy for them too to get a complaint register.

SO better stay back in US and look for / discuss options of separation there itself.

Best of Luck

1. You cannot stop them from filing 498A or other cases in India.

2. As and when the 498A case is filed then apply for anticipatory bail to preempt your arrest and detention.

3. The decree of divorce passed by a court in US can be challenged by your wife in India to declare it non-binding on her.

All you need to do is stay calm and grounded. Do not precipitate matters.Go ahead with the divorce plan in case you've made up your mind.

As regards the dowry case, you need not worry if there's nothing like that.

I'm available for advice on phone number : .

Regards

Chidanand Kulkarni.

Advocate.

If the marriage is solemnized in india, then, indian courts have jurisdiction to dissolve the marriage.

If both submit to the jurisdiction of the foreign court, then the foreign court judgment becomes conclusive.

You cannot take any precautions, if you heard they filed criminal case, apply for anticipatory bail.

Hi, legally they cannot be restrained for initiating any criminal/civil proceedings .. If they initiate any such proceedings you may have to join the investigation

Firstly, dont try to defend yourself before being offended.

If you anticipate trouble from her side then you better dont return to India nor you receive any summons from police or court from India to your US address.

If you initiate divorce process in US, and not willing to return to India after divorce, then she cannot do anything about it in India except to file a restitution of conjugal rights case in India.

Her parents cannot lodge a criminal complaint against you when she is there in US with you.

Therefore in the name of precautions, do not take any hasty steps especially legal steps, this may become fatal to your own case.

1. When did you get married?

2. In USA, your can file a divorce suit on the ground of breaking down of marriage irretrievably but such ground on the said ground is not valid in India and you shall be treated as legally wedded couple in India even after your getting the decree of divorce from the USA Court.

3. You can write a complaint letter to your local police station alleging that your father in law is regularly threatening you to get arrested by lodging false case against you if you do not succumb to their demand of laying a so called of loan of Rs.20 lakhs to them.

4. Send a copy of this complaint to the related S.P//D.C. This will protect your parents to some extent.

You cannot pre-empt them from filing any case against you. Having said that, once they file any such case, based on the nature and gravity of such case(s) you may design you legal recourse.

At this stage you may g ahead and apply for a divorce in USA.