• Divorce

Hi, my wife is USA citizen and i am Indian citizen but now on green card in USA. We got registered married in india and then moved here in usa. Now my wife who is USA citizen dont want to live in USA and i dont want to go back to India. My wife has gone back to india and now we both want to apply for divorce. But her parents are pressurising her not to sign for mutual divorce. What all option i have. Please reply.
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

She if you are married in India then the divorce shall be in accordance with Indian laws since you married a american citizen kindly clearfy was it a hindu marriage or under Special marriage act.

Since you both want divorce mutual consent is best option as it will save lot of time legal fees and it will save you from lot of legal hassels.

In case she is not agreeing for mutual consent divorce you have to file a contested divorce on grounds like cruelty, adultry , desertion which ever applicable on your facts and same has to be proved before court.

There are only two options for divorce mutual or a contested divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Mutual consent divorce is best option . It takes only 6 months

2) contested divorce cases take 5 years to be disposed of

3) you can file for divorce in USA

4) if your wife participates in divorce proceedings in USA divorce decree would be valid in India

5) in the alternative file for divorce on grounds of cruelty in India

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Wife refusing to stay with husband amounts to mental cruelty and is ground for divorce

2) you can file for divorce on grounds of desertion if wife has refused to stay with husband for continuous period of 2years

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

you can file divorce petition in USA because ur wife is USA citizen.

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

1. if you wife does not want this marriage anymore and there is no child out of this wedlock then you better agree on her proposals.

2. To dissolve the marriage mutual divorce is most efficacious mode of dissolution of divorce.

3. To file mutual divorce petition your personal presence is not required though at the time of final hearing your presence would be required.

4. Since she is going to settle in India do not apply for divorce ij USA as the same may not be recognized as valid if passed ex parte. Better apply for mutual divorce in India only to remain secure on this account.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

You can make the above as a case of mental cruelty and may file a divorce on the aforesaid ground.

Though the same will be a difficult task but we do not have any other option.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Mutual divorce is the best option for you, see if the same works out.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Divorce by mutual consent

under S. 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954.

there are certain requirements which have to be met and fulfilled by both the parties to the divorce which are stated as follows:

The parties have been living separately for a period of at least one year

They have not been able to live together, and

They have mutually agreed that marriage should be resolved.

As your case reveals that you and your wife can't live together and mutually you both want divorce then you can proceed by filing a divorce petition u/s 13(2).

Arihant Nahar
Advocate, Indore
130 Answers

4.8 on 5.0

Yes you may apply for the divorce due to non compatibility but a separation period of 6 month will be needed to file a petition in India and a cooling period of 6 months is taken by the court and the mediation and conciliation procedure takes place. Please try to get the mutual consent which will reduce the time to get the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

You can file a divorce by mutual consent otherwise you can make her absence as a ground of cruelty.

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Filing a mutual consent divorce in India has become easy these days i.e., as per the latest landmark judgment by supreme court, the petitioners need not wait for the statutory 6 months waiting period for the second motion.

If there are no chances for re-union and this marriage becomes dead, then they my both file a joint or separate affidavit to this effect and seek to waive the waiting period and pass a decree and judgment dissolving the marriage.

The trial court may accept the affidavit and proceed with the request and dispose the case immediately.

It is always better to file a divorce case in India to avoid many problems like sharing of property purchased after marriage, spousal maintenance issues, post nuptial agreements etc.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You can file a divorce case on the grounds of mutual consent citing incompatibility as a reason.

You can talk to her and arrange for an amicable solution instead of dragging the issue unnecessarily so that each can move on with their life accordingly.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Talk to your wife agree on her some of terms, ask her for mutual consent as it is the best option otherwise there can be long procedural battle you have to fight for divorce and it really takes lot of time.

So when you both are willing and ready for divorce mutual consent divorce is best option.

Now further since there is no desertion for two years that could not be a ground though wife not living with husband can be amount to mental cruelty and on same ground you can file and contest divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. She does not want to live in USA but in India whereas you do not want to live in India and want to live in USA.

2. So, it is natural that you both can not stay together unless one of you changes his decision.

3. If both of you want to stick to your own decisions, then you shall have to decide what do you want to do with your matrimonial relationship which will become meaningless once you stay separated from each other.

4. You can either stay separately as married couple for the rest of your lives or get divorced and restart your married lives with other suitable persons.

5. MCD would have been ideal in your case which will be decided with in 6 & 1/2 months from the date of its filing and parental pressure against it is no reason for an adult lady not to understand the best course of action under the given circumstances.

6. Persuade her for signing the said MCD for mutual benefit and if she declines, file a divorce suit in India afte,r two years of her leaving you, on the ground of desertion.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. First of all try to get herself treated or counselled before thinking about divorce since divorce is the 2nd most stressful event in ones life which should be always avoided and you never know whether your next wife, if any, will be any better.

2. If she does not want to stay at USA then try to explore the possibility of your returning to India for the purpose of saving your marriage since you do not have any other complaint against her excepting her refusing to stay in USA where you stay.

3. If both the above advises fail to yield any positive result and if divorce sems to be unavoidable, then try to file MCD petition jointly.

4. If MCD is not acceptable to her then you can file a divorce suit on the ground of desertion after 2 years of her leaving you as per law.

5. You can also file divorce suit immediately on the ground of cruelty but in that case you shall have to submit irrefutable evidence of her said cruel acts against you in support of your allegation.

6. Take decision judiciously and act accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

First of all you need to file the divorce petition in India as the marriage was solemnised and registered in India. Grounds are mental cruelty.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If no mutual consent is possible then I advice you to find some other option as per law to get divorce. Apart from that no choice is available for you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file your divorce in USA as well as in India. If you file mutual consent Divorce in India it is easy to get quick divorce. If mutual consent is not working then you don't have any option but to file contested divorce in india

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

you can go for divorce by judicial separation, than court will give you automatically divorce later on. If she is not interested in the Mutual concern divorce its ok.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

I can understand your need to stay in USA to convert your Green Card into a citizenship but what i am not able to comprehend is why do you want to go for a contested Petition if an MCD can be worked out? As you have mentioned that your wife too wants a Divorce. It is advisable to dissolve your marriage in India as it is registered here and if you have plans to come back to India in future.

However, if your in-laws' remain unconvinced, you can initiate Divorce proceedings in USA.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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