You can file divorce of you don't desire to stay with your wife. That will be an ideal remedy. If given mutual it is good else you can go for contested Divorce. Or no fault Divorce as per US law.
Hi, I am a 30 year old Software Professional with an income of 95000 USD. My wife is 27 year old with an income of 73000 USD . Both of us are Indian Citizens, but we live in USA. My wife keeps telling me I have low salary and I am impotent and threatens to have a divorce. When I went to a doctor he said I don't have any physical problem other than depression. What legal advise do you give me in my case? Thanks in advance
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You can file divorce of you don't desire to stay with your wife. That will be an ideal remedy. If given mutual it is good else you can go for contested Divorce. Or no fault Divorce as per US law.
See firstly i would advise you to handle situation maturely as together you are earning handsomely and can manage good household so you both can take some marriage counselling help to resolve issue between you two.
In case the condition of divorce arise then both of you are earning so ask your wife for peaceful mutual divorce without any alimony as if you both are married as per hindu law divorce a contested one has to be filed in India and that will effect both of you.
Record your wife threats
2) wife alleging husband is impotent amounts to mental cruelty and is ground for divorce
3) file for divorce on grounds of mental cruelty in India
4) since there is not much difference in your income wife would not get substantial amount as alimony
In your case the love, affection, trust etc are lost in your family life. Lack of conversation makes the situation in worst condition in family life. Matrimonial life is for homogeneity and companionship.
The judicial system has a vested interest in protecting the institution of marriage.A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.So you have two options, 1. Divorce or 2.Solve the problems between you and your wife with a good counselings with the help of psychologist.
You please understand that Impotence is inability to consummate the marriage and to be a ground for nullity, such inability must exist at the time of marriage and continue to exist at the time of the institution of the suit.
Impotence is the inability to have sexual relations. Couples that decide to get married are usually committed to sharing a lifetime of emotional and physical affection. For some couples, sexual relations may become impossible due to one spouse’s impotence.Impotence, often called erectile dysfunction, is the inability to achieve or maintain an erection long enough to engage in sexual intercourse. A physical, psychological, or other medical condition that makes it impossible to have intercourse may constitute impotence and is grounds for divorce .
A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty.
Crises cause the strong to unite, which makes them all the more powerful. If you need a good family life then refocus your priorities.Make sure your family’s goals meet everyone’s needs.Keeping conversation positive, rather than hostile and derisive, will enable the other person to feel more respected and encourage sharing of thoughts.
Dear Sir,
- Best way shall be to go for mediation center to convince each other for future betterment.
- Besides, in case you find that the situation is unbearable in terms of carrying the relationship forward. Do approach the Family court for decree of divorce or best way is judicial separation (U/s 10 of Hindu Marriage Act 1955)
Just sharing the input on Judicial Separation :
(The aggrieved party under Hindu Marriage Act, 1955 can file the petition Under Section 10 of the Act for judicial separation. After a decree is passed in favor of the parties, they are not bound to cohabit with each other. Some matrimonial rights and obligation, however, continue to subsist. They cannot remarry during the period of separation. They are at liberty to live separately from each other. Rights and obligations remain suspended during the period of separation. )
- Judicial separation is best remedy under Hindu Marriage Act 1955 to give the couple an understanding of institution of Marriage without getting legal obligation.
- Though you are based overseas, do feel free incase need any further input on this.
Regards
Vivek Arya
1. This marriage is not working and hence sit with her and resolve the dispute once and for all.
2. Else part your ways mutually and since both of you stay in USA you can go for no fault divorce with consent of each other.
3 . if she has a just nagging problem which she does without much intention to mean anything then you can ignore her such remarks and try to work this marriage out for few more years .
Dear Concerned,
At this stage it does not seem that there are any major issues in your marriage, you just need to spend some more time together, i.e go holidaying etc, she earns 73K and you 95, which does not seem to be a major gap and yours is indeed higher then her's so she can say this, if for her money is the only thing you may want to ask her for a mutual divorce, make sure that IF you go for any divorce in US , mention the forefiture of any right and liabilities towards each other and restrain from filing any false case in India at any stage.
Best of luck
Dear Sir,
Nothing to worry, the low salary and mere depression is not the valid grounds for divorce. Regarding impotent you have doctor certificate that you not having any physical problem. On those grounds your wife will not get divorce.
you can get a potency test done from any recognised good medical college, my advice, go for both, government as well as private...and then if and when she levels these allegations in any court of law, in any proceedings, you can counter her....
you cannot prevent her from saying anything that she feels like, but yes, if you want, then you can always apply for divorce on these grounds, it amounts to cruelty. you are medically fit and your wife putting false allegation on record or if you proved then you filled defamation case and cruelty case against you wife.
Thank you for the legal advice. I will try to resolve this marriage. But, if in case , my marriage doesn't work out, the only trouble I have at this point is she is demanding higher alimony and maintenance (40 lacs to 1 crore) or half of my property. But she is richer than me. Her father has assets of 6 crores. She has one brother. My property from my parents is less than 1 crore (around 70 lacs) . She threatens me with false cases if I don't pay this amount.
See both of you are residing in US there is no complaint made by her in US, so you can file a police complaint that your wife is harassing you for extorting money in divorce and she is intimidating for false cases, if the demand is unreasonable do not accept in case she file any false case same can be contested.
1) no need to bow down to pressure tactics
2) no need to pay her Rs 40 lakhs
3)in India wife does not have share in 50 per cent of your property
4) record her threats
5) assets of wife parents are immaterial
You can oppose the alimony application. Court will grant the same on merits. Don't worry about false cases let her file them you will get anticipatory bail in the same
No need to bow down against her demands contest the case on merits hire a senior family advocate. In these days this type of threats are very common.
The amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance. Maintenance is always dependant on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors.
There is no fixed arithmetic formula that is used for calculating the alimony. It depends on the facts and circumstances of each case. However, there are certain factors that are taken into consideration for computing the amount of alimony, and some of these factors taken into consideration by the court are mentioned below (here, for the sake of simplicity, it is being presumed that the husband is being directed to pay alimony to the wife):
A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband.
Only recourse you have to file for divorce on grounds of cruelty if you do not want to continue your marriage under section 13 of the Hindu Marriage Act.
Your wife threatening behaviour amounts to cruelty as per the provisions of section 13 of Hindu Marriage Act and is a valid ground for divorce.
You would not have to pay her 40 lakhs or 1 crore as both your incomes are nearly identical and hence you cannot claim any maintenance amount or alimony from you.
She cannot claim half of your property as she has no right in your self acquired properties or self acquired property but she can only claim maintenance in case she is unable to maintain ourselves from her own earnngs which is not the present case.
You should try and procure as much documentary evidence as you can to prove in court her threatening behaviour.
Also, complaint can be made to the police against her in US too.
If the situation is intolerable then you may decide of getting separated from her legally by filing a divorce case on the grounds of cruelty if she is not agreeing for mutual consent divorce.
There is no necessity for you to continue the marital life with so much depression and incompatibility or unwilling to continue the married life .
Since she is also employed and drawing a handsome salary you need not entertain her demand for alimony amount.
You can reject her claim by producing her salary income and income from other sources before court as the reasons for repudiating her claim
She cannot claim any share in your property nor in your father's property as well.