• US-India divorce

Hi,
My wife and I live in US (work visa) and decided to separate after around 3 years of our marriage. We got married in India in 2018 and are both working in US. My wife went to India in Mar’2019 and wanted a divorce in India. Considering that we have been living in US since last 5 years and all our assets and liabilities are in US, I filed for a mutual consent papers in US and served the notice to my wife. She seems to be dodging the notice and wanted a financial settlement done verbally. When we could not reach to an agreement, she retaliated and filed a false complaint against me and my parents in NRI wing in India (dowry and mental abuse). The NRI wing tried to sort the complaint and advised both parties to do the settlement in peace but thinking about all situations and knowing my wife, I am worried that she can file a mental abuse case against me. She has been feeding false information about me to multiple people and I am worried about her using these people as evidence (none of these people ever knew what was going on in our life). I am also worried if she files such a case against me in India, how will that affect me in US? Are there any recommendations on what I can do to safeguard myself anticipating such an action from my wife? Is there any chance that such a case in India will impact my job status in US?
Asked 4 years ago in Family Law
Religion: Hindu

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7 Answers

You should with draw petition for divorce in USA as your wife is not agreeable for divorce in USA 

 

2) better option is to file for mutual consent divorce in india 

 

3) pay wife alimony amount agreed 

 

4) in event wife is not willing for divorce in india file for contested divorce in india on grounds of mental cruelty 

 

5) in event wife files false dowry harassment case apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

- As per Supreme Court judgment, 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, 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.

- If she is not interested to live with you , then she can take mutual divorce even in US or India , US divorce decree on mutual ground is valid in India. 

- Since, you have filed the divorce case in US , then in her absence the decree of divorce will not valid in India. 

- Hence, you can file a mutual divorce case or contested case in India , as she is presently in India. 

- If any FIR will be filed against you by her , then it may effect your visa . 

- However, you can give a compliant there in US , that she has left you without any rhyme and reasons and threatened you that she will implicate in false cases in India 

- Further your safeguard also lodge your compliant as information in India as well . 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce if is difficult for court to grant divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality. You can only file divorce she has whole criminal law against you. Best option is, to settle which  her out to Court. Once cases are filed, she can get a warrant issued and subsequently Look Out Notice  issued against you to take you in custody as soon as you land in India. These are the possible scenarios.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

If you are not a US citizen, then better withdraw the divorce case filed in US court and persuade her to cooperate for filing the divorce case on mutual consent in India itself.

If the divorce is the only solution and if you are determined that it will not be possible to live with her anymore, then yo may first have to look for peaceful solutions instead of agitating over it and inviting unnecessary legal troubles for you.

If she registers s a false criminal complaint with the police in India, then in order to cooperate with the police you may obtain a anticipatory bail and then would participate in the trial proceedings, but if she files a petition before court to direct you to deposit yor passport before court to remain in the Indian court till the disposal of the criminal case, then you may have to lose your job and ruin your career if you are not able on return to US to pursue your employment.

Hence you may try to find an amicable solution to the ongoing problems and think about adopting legal steps against her only if the peace process fails to fetch the desired relief.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Now you are in trouble better to file a mutual consent divorce petition in INDIA. It is up to you to contest an Indian false criminal complaint filed by YOUR WIFE. If In the event that you are not cooperating, it will negatively affect your career and life.

Foreign judgments can be challenged in cases where they were obtained fraudulently. In cases where both the spouses were Indian and married in India according to any Indian form of marriage, dissolution of the marriage should be handled by the Indian Family Court of the competent jurisdiction where the marriage took place or either of the parties usually resides or where both parties last resided together.

The legal system and laws of India are beneficial to those who wish to avoid facing foreign courts. If possible try for amicable settlement and mutual divorce .

 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

dear sir,

1. If you are not a US citizen, then kindly withdraw the divorce petition in the US and try convincing her for divorce for mutual consent. if you go for mutual consent divorce, they court will grant you 1 year for reconciling your issues.

2.if she files a false criminal case against you, then you might have to file a case for anticipatory bail which might be detrimental to you and your career. The court might not allow you to leave the country unless the case is disposed of. You might have to lose your job for the said purpose. Also in case, an FIR is filed against you it might be detrimental to your visa and you have to file an application for quashing of FIR in High Court.

Thank You

 

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

1. First of all lodge a police complaint separately by you and your mother alleging that she has been threatening both of you that she will register FIR against both of you uns498A unless your properties are transferred in her name.

 

2. Thereafter your mother can file a DV case against her alleging Domestic Violence. This will make her preoccupied in defending herself.

 

3.It will be difficult for her to prove any cruel action on your part which she has not reported within last around 2 & 1/2 years after deserting you.

 

4. As per Indian Law, she will not be entitled to any share of your property and will be entitled to omnly maintenance, if she is not employed.

 

5. The hearsay evidence of your relatives and friends will not be considered as acceptable as per law by the court.

 

6. Finally, you can file a divorce suit on the ground of cruelty and desertion against her before the appropriate Family Court/District Court in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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