File for divorce by mutual consent on expiry of one year of marriage 

2) you have to state that you are staying separate for period of one year 

3)don’t file for divorce in USA as wife would claim 50 share in your properties 

4) if both are working and there is not much difference in your income wife would not get any maintenance or alimony 

Your wife has no share in your self acquired or ancestral property. She also cannot claim maintenance from you as she has sufficient source of income herself and earns the same amount as you. 

There no is no need to worry about your assets. She cannot claim any share in them. She can only claim residence rights from you as per Hindu Marriage Act, which is also unlikely in the facts of the case.

Hi, even though your marriage is not registered,your marriage was per performed as per the Hindu rites and ceremonies,therefore she is a legally wedded wife as per the Hindu marriage Act.. Since she is working and earning herself therefore she cannot claim maintenance or monthly allowance from you for her survival..She can only claim residence rights in her matrimonial house owned by you ,not the ownership rights ...

It's advisable to obtain divorce from Indian Court under Mutual Consent Divorce.

Cconvince

your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

She cannot claim anything from house which was owned by you before marriage. She would also have no share in your shares owned by you and bank balance too.

Non registration dose not affect marriage. You can apply in US for divorce, easy to get but you have to submit marriage certificate else US court may not agree with the validity of marriage.

In indie, it is absolutely valid. If you will apply in US, US proprieties will partition half to each.

No claim in Indian assets.

See wife can seek maintenance and alimony if she is not earning further if you apply for divorce mutually then you and your wife decide the terms of same.

She has no rights as per indian law in the property. She cannot claim share in property, assets from you.

See in case of mutual she can ask it from though legally she has no right on same. She as per law has no right in property.

In India wife has no share in your property  in event of divorce 

only in USA can wife claim 50 per cent share in assets acquired after marriage 

1. Since both of you are married in India and the decree of divorce granted in USA can be challenged by either of you, it is advisable to file the same in  India after expiry of 1 year from the date of marriage.

2. On the day of filing filing the petition your presence is not required by after six months on the date of final hearing both of you will have to be physically present invariably for a single day.

3. Since she has source of income she is not entitled to any maintenance unless she leaves the job. She has no share in the property owned by you though she has right is residence therein in the vent she remains un married and without any job.

- Registration of marriage is undoubtedly required but not required in the case of matrimonial issues or desired remedies as same can be proved by marriage ceremony pictures and wedding invitation.

- Pertains to safeguard, you shall have to segregate your assets w.r.t inheritance and owned. If she files a case in India, it can lead to traumatic journey for you until divorce is decreed by court.

- Can feel free to connect with input to advise better stepwise.

Regards

Vivek Arya

If you both agree to a settlement you can get a mutual divorce in California. Otherwise for disputed divorce you need to file a divorce in India by showing one year separation. You can decide the alimony mutually

Since it's your self acquired property, that too owned by you prior to your marriage, she cannot claim that.

Dear Sir,

Nothing to worry, your wife can claim only alimony and maintenance not properties.

As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce. The bill has not yet been passed. ... Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime.

In India, wife does not have any rights in the property of the husband at all. However, if any money is due from the husband to the wife, then wife may approach the court of Law to recover the same by way of attachment of property, if husband refuses to pay the same.

1. You can file a divorce suit in India on grounds acceptable by Indian law for granting decree of divorce like cruelty by submitting the evidence in support of your allegation against her.

2. As per Indian law, there shall have to be acceptable grounds for seeking decree of divorce like cruelty.

3. You can also negotiate with her and jointly file mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

4. Both the contested and mutual consent divorce shall have to be filed after completion of one year of marriage.

5.     As per Indian law, wife can not claim share of husband's property during his lifetime.

6. Working wife is not ordinarily entitled to any maintenance.

7. If she files divorce suit in California, USA Court might allow her 50% of the asset you have for which it will be prudent on your part to transfer all your money kept at USA to your account at Indian Bank.

- In Hinduism, marriage is followed by traditional rituals for consummation. 

- Since, you married with her in India under traditional Hindu ceremony , hence as per law , she is your wife.

- If, you both want to be separated legally, then you should file a mutual divorce .

- According to the Hindu Marriage Act,a petition for a 'mutual divorce' can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.

- Further you can get divorce decree from the US court as well , after filing mutual divorce there , and that divorce will be valid in India as per Hindu marriage Act.

- Your wife cannot claim any share in your self acquired or ancestral property during your life time , and even at the time of divorce . 

- If, her earning is sufficient for her maintenance , then she cannot claim any maintenance /allomony from you. 

Whether your marriage was registered or not in India, since your marriage was solemnised properly observing the rituals and customs, it can be considered as  a legally valid marriage.

Even though obtaining a divorce in US would be easy without any problem, it is not advisable for getting the marriage dissolved by a decree of divorce through a  US court for two reasons:

1.  The contested divorce for the reasons that are not acceptable in Indian  laws, the divorce may not be legally recognised as valid in India, you may have to once again file a fresh petition seeking divorce in Indian court;

2. The US divorce will grant , property sharing which may include the properties bought after marriage and the bank balance or the earnings post marriage, which will be a great loss to you.

Hence it is advisable that you better wait for one year to complete you marriage and file a divorce cae in India on the grounds of cruelty if she is not agreeing for a mutual consent divorce in India.

You may be rest assured about the movable and immovable properties that were acquired by you prior to your marriage with her, the properties bought post marriage would take a toll.

1. As per Indian law, she can not claim any of your properties, be it acquired pre-marriage or post marriage.

2. As per most of the States of USA, assets acquired post marriage is equally divided between the litigating couple. 

3. She might file the divorce suit in California claiming share of your property which will be decided fast based on the law prevailed in the State of California.

4. It will be safer for you to ensure that  bare minimum assets/amount  are kept at California and transfer the rest , with out her knowledge, to India in your account or account of your parents/relatives on which California  Court will have no jurisdiction to be enforced upon.

Under the Hindu Marriage Act, a mutual divorce petition can only be filed after at least one year has passed from the date of marriage. No maintainence must be granted if wife has a sufficient source of income and thereby you need to file proof of her income like salary slips etc to prove this in court and thereby contest the case of maintainence.

 A wife cannot claim her husband's property before or after divorce. At most, a wife can only claim money for her maintenance or alimony.

You should wait for completion of one year of marriage.

She cannot demand maintenance from you as she is earning same salary as you are but she can demand alimony.

And property and asset distribution will be done as per law of California as you both are working there.

For properties in India you are safe because as per Indian Law she cannot claim share from your properties.

Best option is that you should go for mutual consent divorce and settle the dispute with one time settlement amount.

If you both are ready to divorce each other mutually then there is no problem.  Come to India and file a divorce petition you have to come back after 6 months and youbwill get a decree.

If you want a divorce in the US then file in the district court on grounds of irretrievable breakdown of marriage.

But in this case in case you want to marry again in India then the order of the district court has to be filed in court for execution.

Regards