Wife and I are both Indians. We got married a year back. I want a divorce because of compatibility issues. Wife is threatening to go to the full extent of the law by visiting India if I divorce her. What actions can I preemptively take to mitigate the issue.
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The best way to mitigate this is to convince her for a mutual divorce by way of offering to pay her some permanent alimony.
If she's ready gives a consent to your proposal, you both may apply for mutual consent divorce in the US. This will be valid in India too.
Well,there is no such foolproof legal action to thwart any of her such attempt.
however that doe snot mean you would be a sitting duck and face brunt of her attacks.
Do note that if you get divorce in USA ,more so, ex parte then it would not be considered to be valid in india and hecen useless.
Rather let her take action , if any.Once she does you can counter the same by contesting the same as per its merit.
There is nothing to be sacred of much as if she files 498A case you should not find it hard to get bail and once it is done you can move freely.
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. Again, back to my question. 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.
Your divorce decree would not be valid in India if wife does not participate in divorce proceedings in USA
2) file for divorce in India on grounds of mental cruelty
3) if wife files false case of dowry harassment apply for and obtain Anticipatory bail from sessions court
Yes, in the case of imminent matrimonial dispute it is advisable to file suit for divorce first beofre the wife lodges any complaint under section 498a IPC.
1) Yes, you come in India and file for Divorce, before she impound your passport. If you have work in USA and don't have much time you can give any one from your family member Special POA.
Dear Sir,
Taking divorce at this pre-marriage stage of one year is more difficult in India. The US rules are more flexible, which are as follow. Try there itself, because there has not support of parents. India all enactments are in favour of married women If you dare to return India for divorce then you cannot go back, understand.
Grounds for divorce (United States)
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce.Each state in the United States has its own set of grounds.A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. Several states require that the couple must live apart for several months before being granted a divorce.[4] However, living apart is not accepted as grounds for a divorce in many states.
https://en.wikipedia.org/wiki/Grounds_for_divorce_(United_States)
"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 this is the case, you must proceed ahead to file a divorce case. If possible record her statements where she's pledging to make your life a hell by way of filing false and fabricated cases against you in case you take the extreme step of filing a divorce.
Because, ex-parte divorce that you will obtain is US will have no validity in India, it makes more sense that you file a divorce in India. There's no away how you can pre-empt your wife from backfiring upon you. It's just that you may capture her statements where she blackmails you with such cases.
Even you file a divorce petition in India she is free to complaint the authorities at the harassment domestic violence at any place in India if she is in.
If the charges are serious and police report is favouring to her there is a possibility that your passport will be impound I could have travel restrictions it depends on the cases filed and police report on the investigation.
1. If you are an Indian and had married in India following Indian law then you should file a divorce suit in India on the ground of cruelty.
2. Non compatibility is no ground to seek decree of divorce as per Indian law. You shall have to file the divorce on acceptable ground like cruelty.
3. So, collect evidence of her cruel behaviour by audio/video recording her statements which will serve as evidence of her cruelty before the Court of law.
4. If you get the decree of divorce in USA then the said decree will not be treated as valid in India. So, filing of the divorce suit in India is required by you.
5. Most harsh action she can take is filing police complaint of dowry harassment u/s498A of IPC but in that case the cause of action should be in India. So, make sure you leave no evidence of your staying together in India to give her the opportunity to allege that you have tortured her in India for seeking dowry.
6. However, should she files any retaliatory case against you, you shall have to contest the same fittingly.
7. You should send a letter in advance to your police station in India alleging that she has been threatening you to file false 498A police complaint to send you behind the bars. This will protect you to some extent if she files any such false complaint later on.
8. You can negotiate with her for jointly filing MCD also on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.
1. Yes, you should file the divorce suit in India and also lodge the preventive police complaint as suggested in my earlier post.
2. Unless you obtained the decree of divorce from India, you both shall be treated as legally married couple in India even if you get decree of divorce from USA Court.
Marriage solemnized in India has to be legally dissolved in india. However, if the parties submit to the jurisdiction of the foreign court, then the decree pronounced by foreign court shall be conclusive.
Advise you not to be in haste. While she has remedy, even you as well. Nothing good will accrue by you initiating. Instead, be prepared to face the issue.
Feel free to write to me in case of any advice.
It is better to lodge a complaint locally to safegaurd yourself. Depending on the laws of the land.
Also depending on ur residency status you can file for divorce.
Hello sir , it is advisable to initiate divorce proceedings on U.S itself as getting divorce in India is really difficult .. If she is intended to initiate legal proceedings against you , there are no possible precaution that you could possibly take
Please come back to India and file for divorce from here. But to invoke jurisdiction of Indian courts you must be married in india. Please do confirm where was your marriage solemnized.
What do you want to say by posting this query?
Do you want to file a divorce case in US?,
Well you can proceed with the divorce case, but an exparte decree of divorce or no fault divorce in US is not valid in India if the marriage was solemnised in India as per Indian laws.
If she is threatening to lodge false cases you may challenge her false cases on merits in your side.
Dont be scared by her threats, let she do anything, you can challenge them properly if there is no fault in your side.
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.
Hello,
You can not take any step in apprehension of her filing a case.
Even if you obtain a no fault divorce in US then the same will not be valid in India.
Note that even if you fly back to India and file a divorce case then also she will be at the liberty to file cases against you.
On what grounds you are willing to file divorce in India?
regards