• What legal options do I have

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
Asked 5 years ago in Family Law
Religion: Hindu

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22 Answers

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.

Prashant Nayak
Advocate, Mumbai
31975 Answers
182 Consultations

4.1 on 5.0

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.  

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94839 Answers
7566 Consultations

5.0 on 5.0

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.

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

  1.  

  1. First of all, at present more than legal advice, you need medical assistance to come out of depression. Do consult a psychiatrist. 
  2. Take a vacation along with your wife. Try to relax, take her into confidence about your health issues and try to create matrimonial bliss. 
  3. If 2) doesn't ease out your matrimonial troubles, then every infrence can be drawn that it's not your health which is the problem. It's your wife who has ulterior motives; and her and allegations of your impotency are false and baseless. In such a scenario, you need legal advice and assistance. You have to visit India to consult me. Your number is not shown to me here. So for taking appointment, [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1549 Answers
5 Consultations

4.4 on 5.0

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

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

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 .

Devajyoti Barman
Advocate, Kolkata
22844 Answers
491 Consultations

5.0 on 5.0

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 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

US has liberal law, file no fault divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
22664 Answers
31 Consultations

4.4 on 5.0

  1. Regarding alimony, she just pleads for alimony via her legal team. But she doesn't adjudicate upon it. It's the judge who will adjudicate, after hearing both parties. 
  2. So the bottom line is, she may demand the moon; but will you give in to such an unjust demand; or appoint an expert legal professional to plead for you and defend you and your interests? 
  3. I have already given you my number. Kindly contact for exhaustive consultation

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1549 Answers
5 Consultations

4.4 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94839 Answers
7566 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31975 Answers
182 Consultations

4.1 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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):

  1. Husband’s own income and other property, if any.
  2. Income and other property of the wife herself.
  3. Conduct of the parties.
  4. Other circumstances of the case, which may seem to the court to be just.
  5. Usually, all mandatory deductions (such as Income Tax, load repayments, etc.) from the income / salary of the husband would be considered to arrive at his net income / salary.
  6. Other genuine liabilities of the husband, such as wholly dependent old parents, may be duly considered by the court.
  7. If wife is employed / working and has her own independent sources of income, the same may also be taken into account.
  8. The life style of parties, their social status may be taken into account.
  9. The status and the mode of life which the wife was used to when she lived with her husband, is also taken into account.
  10. Expenses to be incurred on the education and upbringing of the children is also considered.
  11. Age and health of the parties.
  12. The period for which they have been married.

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.

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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 . 

 

T Kalaiselvan
Advocate, Vellore
85039 Answers
2211 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85039 Answers
2211 Consultations

5.0 on 5.0

  1. Yes, first you should try to resolve the marriage, but if seems that not working then you may have to go for divorce.
  2. If you happen to get the divorce on the ground of cruelty or adultery then you may not have to pay anything to her in the form of alimony or maintenance.
  3. And she can’t request for maintenance as she has always been working and now also, so there is no question of maintenance as she is very much competent to look after herself.
  4. Cruelty can be proved on various  facts of the marital life, which we can discuss and then I may suggest you to come out of the problem which would put into loses if your life long earning.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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