She is not ready for mutual divorce. We live in a no fault state in the US. She is hell bent on giving me as much trouble as she can if I go for the divorce. She will never be convinced to give me a divorce
If her tortures are intolerable, you can lodge a police complaint in US itself, the laws in the country are not biased, they will treat the complaint from husband also equally.
What actions can I preemptively take. Should I fly back to India and file for a divorce before she takes any action against me. I am worried about the prospect of getting potentially getting my passport impounded.
You can file a divorce case in India either in person or through an authorised representative/power of attorney agent.
The passport cannot be impounded for this reason.
The court may impose a condition to deposit the passport in the court as a condition to get enlarged on bail, however it would be better you dont receive summons or attend the court for criminal cases, you can remain in US itself without receiving the summons, the Indian police will not travel to US to arrest you.
The divorce case may run separately.
You dont even try to obtain anticipatory bail or file a quash petition when she files a criminal complaint against you in India.
You can be in touch with a lawyer of confidence on all such further issues.