You can divorce her through sharia law but she can file cases against you by using other provisions of law too

You can divorce your wife as per Muslim personal law 

2) divorce should be preceded by attempts at reconciliation 

3) if reconciliation fails issue her 3 consecutive Monthly divorce notices 

4) reasons should be mentioned for divorce 

5) pay her Meher amount and maintenance during iddath period 

1. You can divorce her by way of triple talaq in deferred manner i.e.by pouncing talaq there times on gap f one month in presence of a Qazi Aand 2 witnesses.

2. Then you will have to send her Mehr amount and talaqnama through post.

3. The deferred triple talaq is not disbanded by supreme court. 

-  As per Supreme court judgement , wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation , then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence, as per law, she cannot deny living with you, under the condition of living in USA with her family.

- If, she refused to accompany you, then you have right to take divorce on the above mentioned reasons & grounds.

- Since you want to divorce her as per Muslim law, hence you should divorce her by way of triple talaq in deferred manner i.e.by pouncing talaq 3 times in presence of a Qazi Aand 2 witnesses.

- If, you will pronounce Talaq three times in one sitting and instantly divorcing and breaking off all the marital relations with immediate effect without any recourse to arbitration or reconciliation with the help of relatives, friends and Sharia courts , then it will considered as Triple Talaq. 

- As per law, now practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine.

- Hence, if there is gap for the aribitraion / reconcilliaton with the help of relatives ec, then it will not come under the obligation of triple talaq.

There are two categories of divorce under Muslim Law a) Extra Judicial Divorce b) Judicial Divorce

a) Extrajudicial divorce: is a divorce granted outside a court of law by a non-judicial process. It is generally a divorce granted by a religious body such as the Islamic Talaq.You can divorce your wife through Talaq e ehsaan. In talaq e ehsan, once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. This time is meant for reconciliation and arbitration. During this period, if any kind cohabitation occurs, the talaq is considered to have been revoked.

b) Judicial Divorce: under Dissolution of Muslim Marriage Act, 1939 Section 2 . 

See you can send her notice of divorce then can in written form pronounce divorce as per muslim law. Then declaration of same.before.coier can be filed.

You can engage local lawyer expert in muslim law to send the notice and divorce.

Hi,

After that notice, you may file the divorce case as per your personal law.

Dear Querist

Being the Muslim Husband, you have a right to divorce her based on cruelty and not taking care of your which is the prime duty of a Muslim Wife. as triple talaq is ban and declare unconstitutional in India,hence you have two option, Talaq-E-Hasan or Talaq- e- Ahsan. by which you can divorce her as per Islamic/Shariya Law which will be valid in India and all over the world but later on you have to file a suit for declaration to declare your status as Divorcee before the Family Court of your area.

Feel Free to Call 

Divorce can be obtain by 2 modes - Extra judicial divorce, and Judicial divorce.

In prior one, Ila, Zihar, Hasan can be follow and quazi will grant you divorce certificate.

In later case, have to file civil suit for declaration of divorce by court.

Dear Sir,

Muslim law of marriage and divorce is a bit different from laws regulating marriage and divorce in other religion.

For Muslims, marriage is a social contract, and for marriage, divorce and remarriage they have to follow a procedure prescribed by their religious customs, which can be made official with the help of a divorce consultant.

For Muslims, the husband and the wife have different grounds of divorce available for them to divorce. Before understanding that, we need to know how divorce procedure is defined under Muslim law.

Under the Muslim law, a marriage dissolve either by the death of the husband or wife or by divorce. After the death of a wife, the husband can remarry immediately. But the widow cannot remarry before a certain specified period called iddat expires. The iddat of the death is four months and ten days in case of the death of the husband and if she is pregnant, until delivery of the child.

Generally, both the parties to the marriage contract have to option for divorce, but the husband’s right in this respect is much greater than that of the wife. The husband can dissolve the marriage tie at will. A divorce can also take place mutual agreement, but the wife cannot divorce herself from her husband without his consent.

She can, of course, purchase her divorce herself from her husband and can have the marriage dissolve by Hafeez (delegation). Marriage may also be dissolved by judicial decree under the dissolution of a Muslim marriage, 1939.

Rule of divorce: -

BY HUSBAND

1. TALAQ: - Talaq means a release from the marriage tie, immediately or eventually. It is not necessary for him to obtain the prior approval of his wife for the dissolution of his marriage.

In order to pronounce a valid talaq, the husband must possess some qualifications, like he must be sound mind, who has attained the age of puberty is competent to pronounce talaq.

Different modes of talaq are: -

1. Talaq-ul-sunnat: -

It a Talaq which is affected in accordance with the traditions of Prophet.

Which is further sub-divided into:

1. Ahsan (Most approved mode of talaq)

Conditions to follow for this mode are: -

1. The husband must declaration the formula of divorce in a single sentence.
2. The declaration of divorce must be in a state of purity (tuhr);

(Tuhr means period when a woman is free from her menstrual course).

1. He must abstain from intercourse for the period of iddat.
2. Hasan (Good mode of talaq)

Conditions to follow this mode are: -

1. There must be three successive declarations of the formula of divorce;
2. In the case of the menstruating wife, the first pronouncement should be made during a period of tuhr, the second during the next tuhr and the third during the succeeding tuhr;
3. In the case of the non-menstruating wife, the pronouncement should be made during the succeeding intervals of 30 days;
4. No sexual intercourse should take place during these three periods of tuhr. If it takes place, no divorce shall happen.
5. Talaq-ul-biddat (disapproved mode of talaq)
6. Illa (vow of continence): -

Illa means where a husband was had attained majority and is of sound mind, swears by God that he will not have sexual intercourse with his wife and leaves the wife, to complete iddat he is said to make Ila. Thus, if a husband says to his wife, ‘I swear by God, that I shall not approach thee’, it is valid Ila.

Where the husband having made Ila abstains from intercourse with his wife for four months, the marriage is dissolved with the same legal results, as if there had been an irrevocable divorce pronouncement by the husband.

1. Zihar (injurious assimilation)

If the husband who is sane and adult compares his wife with his mother or any female within a prohibited degree of relationship, then the wife has a right to refuse herself to him until he has performed wrongdoing. In default of expiation by the penance, the wife has the right to apply for a judicial divorce (mulla).

if it becomes impossible to resolve disputes between the husband and wife then the Holy Quran itself provides for the procedure to be followed for the dissolution of marriage in an amicable manner that too with a possibility of revocation of the same.

Talaq-ul-sunnat, wherein there is a possibility of revoking the effects of this evil. It is also called as revocable Talaq for the reason that Talaq does not become final at once and there always remain a possibility of compromise between the husband and wife.

Talaq-Ahsan  :   In the Ahsan Talaq there is a single declaration during the period of purity followed by no revocation by husband for three successive period of purity. In this form, the following formalities are required:

(a) The husband has to make a single pronouncement of Talaq during the Tuhr of the wife. Tuhr is the period of wife’s parity i.e. a period between two menstruations. As such, the period of Tuhr is the period during which cohabitation is possible. But if a woman is not subjected to menstruation, either because of old age or due to pregnancy, a Talaq against her may be pronounced any time.

(b) After this single pronouncement, the wife is to observe an Iddat of three monthly courses. If she is pregnant at the time of pronouncement the Iddat is, till the delivery of the child. During the period of Iddat there should be no revocation of Talaq by the husband.

Revocation may be express or implied. Cohabitation with the wife is an implied revocation of Talaq. If the cohabitation takes place even once during this period, the Talaq is revoked and it is presumed that the husband has reconciled with the wife.

When the period of Iddat expires and the husband does not revoke the Talaq either expressly or through consummation, the Talaq becomes Irrevocable and final.

It may be noted that the characteristic feature of the Ahsan form of Talaq is a single pronouncement followed by no revocation during the period of three month’s Iddat. Therefore, where a husband makes any declaration in anger, but realising his mistake afterwards, wants to cancel it, there is sufficient time for him to do so. Single pronouncement of the civil words of Talaq and sufficient opportunity to the spouses for reconciliation, are the two reasons for calling this form as the ‘most proper’ form of Talaq.

You can proceed for divorce as per special marriage act instead of Muslim Personal Law and mentioned in legal notice that child custody as per GW Act. Do mention passport impounding case will be file against her if she do not reply.

You should send notice for divorce to your wife for three consecutive months and after that if she doesn't give satisfactory reply of notice you can pronounce divorce.