• Depressing, ill-fated marriage

I got married 3 years back. Basically from 2nd day of marriage, my wife started fighting with my mother, father & sister due to her ego (fights were for childish reasons)

After marriage I came to USA and got my wife with me.. Whenever I visited India she either went to her father's house from the Mumbai Airport without coming to my house or picked up a fight with my parents.
Once she even avoided to come to India with me and stayed in USA alone.

My mother had to go through surgery, my father had to go for medical emergency i.e. situations like heart attack but she never showed concern or offered any helping hand, Instead she cursed my father should die, called his health issues are due to his life's Karma.

in last 3 years in USA I have gone through lot of abuses, I was cursed, I was called poor with low income, my parents were called with bad words, my family house was called poor and what not.

I am tiered. I went through depression and I am always upset with the fact that my parents are alone in India, they do not have a good backing as I am here in the USA. And my wife has ill thoughts about them, She does not want to look after them.

In last 3 years, every year I tried to bring my parents to USA to visit me, but every time my wife showed aggression, picked fights, created abusive fights to keep them offshore in India. She threatened me to not to even talk with them when they come here in USA.

This further broke me down & put me in too much of stress. When my sister tried to intervene she was called a bad, an evil person by my wife. 

In last 3 years no one from my wife's family either called me or called my parents to even talk or ask about health and whereabouts. neither my wife asked about my parents. She infact don't want any contact with my parents. 

Current Status:
Now my wife is in India and I am in the USA for last 6 months. 
I have asked her for Divorce but she kept changing her stand on it. 
She first threatened me with huge alimony. (half of the marriage cost which her father spent on her not on me. amount almost 50 Lacs)
Then she said she wont give divorce.
Now she is saying come to India and do constituted divorce as she is not going to divorce me. This is a move to ruin my career in USA

This kind of behavior is pushing me down into darkness of depression. Even after being successful business professional and having reputed and bright career I am suffering due to an immaturity of my wife.

I dont know what to do.. can anyone help?
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Hello,

I understand the sutuation that you are going through right now. At the first I would suggest you to settle the matter amicably with the wife.

If she does not agree, then go ahead and file divorce on the ground of mental cruelty. The court will send the matter to mediation first, appoint a power of attorney so that you do not have to come on each and every date.

Get in touch with some lawyer who may help you in filing the case in the local jurisdiction.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir since your wife have been continuous cruel with you and not ready to give divorce I know it will be difficult but file a divorce on ground of cruelty in India further keep in mind she can file false cases on you to get amount.

I would suggest you to bring her on settlement pay some.amount and give mutual divorce.

Further you can avoid her for some time conectarte on work slowly she will be ready to work out on divorce issue .

Also feel free to contact for any query.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello

sir, i am sorry you have been through hell. your wife does not want any interference in her affairs and she wants to totally control and dominate over you and wants that you should totally cut yourself off from your parents.

you can obtain an ex-parte decree of divorce in the USA although you married in India, and if your wife does not challenge it in India, it becomes final.

otherwise, you can apply for a divorce by mutual consent if she agrees.

or you can file for divorce after 2 years of separation on grounds that she deserted you.

otherwise, file a divorce citing incompatibility and cruelty.you should come to India and file a divorce petition here itself.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

What ever she thinks is not correct. If you are unable to continue with this marriage you may Fe a divorce petition in India and you need not to come for this purpose. Your father may take care of the case.

It seems that you don't have child till now so again this is advantage in this case.

She will certainly file some criminal case against you all but this is very common in case of divorce and will be taken care off.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

File for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3) Wife forcing husband to stay separate from parents amounts to mental cruelty

4) no need to bow down to pressure tactics from wife

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You can rely upon messages , emails , exchanged with wife to prove mental cruelty

2) call your parents to ISA

3) if it is not possible return to India file for divorce in India on grounds of mental cruelty

4) you don’t have any future in your relationship

5) pay alimony awarded by court

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

In matrimonial disputes the case ends after some time so undoubtedly you will have to face some difficulty in the starting.

Would advise you to get in touch with some local lawyer where you will pursue the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. In this scenario the only way in which you may have peace restored in your life is by filing a petition for dissolution of marriage. Since you are living in US you may apply for divorce there itself. The decree of US court will be valid in India for all legal and practical reasons if the US court complies with principles of natural justice by issuing summons to your wife to enable her to contest the case.

2. She will in all likelihood reciprocate by filing criminal complaint for 498A and 496 IPC in India. As and when the FIR gets filed and you receive the notice then apply for anticipatory bail for yourself and also your parents who too will be arrayed as accused in the FIR.

3. There is no need to resign in USA and come back to India.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

As earlier suggested you file a divorce case and expect some criminal cases to be filed and you but as you're not actually done any such domestic violence these cases will not stand and after some difficulties for sometime you may get divorce from the court the alimony or maintenance will be decided by the court but that will relieve you from this kind of torture forever

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir for time being stay in US keep some distance from your wife slowly either she will ready to mend her ways or in course your can file a divorce petition further bring your parents US if she objects then that can be made as ground for divorce and further any scene she creates coming in US police complaint can be filed that can be used as evidence in Indian court for divorce, further donot give up your job you keep your calm ways will automatically come.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In my opinion, you dont need to move back to India as of now and you dont need to worry about the lack of evidences as you still have time to create the same. First and foremost stop talking of a Divorce with your wife and buy time as you dont need her to become alert. Once she gets comfortable and resorts to her usual ways, start recording everything. You can and will get out of this mess but you need to have patience and you need to play smart.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You have solutions to all the problems you face.

If the situation to continue the marriage is not conducive or if it is not feasible to live with her anymore, you may directly file a contested divorce.

It is not necessary that you have to be here in India to file or conduct the case. You can give power of attorney deed to any close relative to represent you during your absence in the court.

Dont lose your courage or be stressed about it, you can always overcome such problems by any means.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

I don't see any way out.. being experienced lawyers do you foresee any chance of me having peace in my life?

With things she has said about my parents I cant think of getting back with her. Should I start my move back to India by resigning my job in USA as I do not have much evidences apart from a single watsapp chat image.

You do not have to prove the case by substantial evidences to establish your case.

You can file a divorce case on the grounds of cruelty.

If she retaliates by filing false cases through police you can challenge them by first obtaining AB, in the trial proceedings properly.

Dont do the mistake of resigning your job in US.

You will regret for that mistake forever.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

1. You shall have to address your problem practically and not emotionally.

2. Collect evidence of all your stated allegations in the form of audio/video recordings and then file a divorce suit against hr on the ground of cruelty.

3. You can engage a lawyer in India and get the plaint of he divorce suit sent to you for your appending signature thereupon and get the said plaint and affidavit attached therewith notarised by the the appropriate officer of local Indian Consulate.

4. You shall have to send the said plaint to your lawyer in India for filing the same before the Court.

5. You can also in the same fashion notarise a POA in favour of anybody in India to represent you before the Court during hearing of the matter.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. It seems that you have no gelled ell in your marriage with your wife.

2. However, you shall have to decid as to what do you ant to do with your said matrimonial relationship with her. You want to continue it or want to terminate it?

3. If you want to terminate it, then collect audio/video recording evidencing that she has abused you, your parents and asked you not to talk to your parents etc which will be considered as an act of cruelty on her part as per Indian Law.

4. Thereafter file the divorce suit in India as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hi,

Like you, many men are facing similar curse. Instead of divorce, go for RCR first and later you may go for divorce.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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