If I’m trying to get divorced in the US after marriage in india, is the reason “irreconcilable differences” valid in india? Do I need to file separate divorce in india? Also we have only been married for 6 months. Do I have to pay alimony? Will a case be filed against me in india that will restrict my travel?
Irreconcilable differences is not ground for divorce in India
2) you can only file for divorce on expiry of one year of marriage
3) you will have to pay wife alimony in event of divorce unless there is not much differences in your incomes
4) if wife files false dowry harassment case you need to apply for and obtain anticipatory bail from sessions court
5) court may impose conditions on your travel abroad
6) best option is to file for divorce in india
You have to file for divorce in India after completion of 12 months from the date of marriage and Divorce on USA isn’t recognised in India. So you have to file proceedings here only.
Irreconcilable differences is not ground for divorce in India: If she threatened to kill myself or tried committing suicide, is it ok to use irretrievable breakdown of marriage and emotional cruelty as grounds for divorce? 2) you can only file for divorce on expiry of one year of marriage: is that true if I’m getting divorced in the United States? 3) you will have to pay wife alimony in event of divorce unless there is not much differences in your incomes: if in the divorce agreement, it says that each person is entitled to what they own before the marriage, do I still have to pay alimony? how is the alimony calculated based on incomes? 4) if wife files false dowry harassment case you need to apply for and obtain anticipatory bail from sessions court: 5) court may impose conditions on your travel abroad: on what basis, will will these impose these conditions? Is it only if she files for dowry harassment ? What if I’m in the United States? 6) best option is to file for divorce in india: how long will divorce in india take? I heard it can take more than 12 months. So divorce in United States is not valid in India? And I cannot remarry until divorce is complete in India?
You can file for divorce on grounds of mental cruelty
2) wife threatening to commit suicide amounts to mental cruelty and is ground for divorce
3) your marriage has been solemnised in India under provisions of HMA . You can file for divorce only on expiry of one year of marriage . Only in exceptional circumstances can you file for divorce before expiry of one year of marriage
4) consent terms entered into between parties at time of filing fo mutual consent divorce are binding on parties . Pre nuptial agreement are not binding
5) if wife does not file dowry harassment case there would be no restrictions on your travel
6) mutual consent divorce takes 6 months . Contested divorce proceedings take over5 years to be disposed of
Irreconcilable differences is not ground for divorce in India: If she threatened to kill myself or tried committing suicide, then it is cruelty as grounds for divorce.
2) you can only file for divorce on expiry of one year of marriage.
by taking divorce in the United States you will be in category of half married half divorced.
3) Alimony depends on the fault of person in contested divorce.
So the person found on fault have to pay the other person.
in mutual divorce it depends on both of you only.
4) if wife files false dowry harassment case then you need to apply and obtain anticipatory bail from sessions court.
You will get it.
5) if you are in the United States then you can submit PoA for cases.
police will not be going to USA to arrest you.6) Depends on anger.
it can take more than 12 months.
divorce in United States is not valid in India
you should not remarry until divorce is complete in India.
mutual divorce can finish in 7 months.
If both agree then it can be done in 3 months also.
1. Since US is not considered as one of the reciprocatory countries by Indian Government. It's advisable to obtain divorce in India, as US is not considered as a reciprocating country by Indian Government.
2. It's advisable to obtain divorce in India, preferably Mutual Consent Divorce.
3. To obtain divorce in India, one year after Marriage and one year seperation conditions have to be met. However both the conditions can run parallel.
4. You may have to pay alimony. However, without paying alimony, you can obtain mutual consent divorce, if your wife agrees for it.
5. If you and your wife opt for Mutual Consent Divorce, your wife may not file a case against you.
6. Divorce under Mutual Consent will be faster and saves money. By opting for MCD, all the differences can be sorted out mutually, like alimony/maintenance, division of assets, etc..
If the State of your resident is no fault State, both can appear in Court and obtain decree of no fault divorce. Under Section 13 of Civil Procedure Code, 1908 foreign divorce decree including no fault divorce is recognized and considered final and valid in courts in India, unless…
A no fault divorce decree is something like decree of divorce by mutual consent under Section 13B of Hindu Marriage Act, 1955 and can be obtained if the parties are not living together for one year. Under no fault decree if there same precondition as to living separate for one year such decree can be validated in India. Decree of such divorce has to be presented to the Court by both for validation. As it is just validation it should not take more than 3 months.
Any contested decree is valid in India only if it is obtained after one year of marriage and both parties appear in Court.
6- Married in India then Divorce in India only. It generally takes 2-3 years if contested heavily from both the sides and if not contested then mutual divorce petition - 3 months time. After divorce only, you can remarry.
5 - In dowry cases, flying restrictions aren’t imposed by courts. Passport can be seized if FIR under 498A or criminal offences is filed.
4- Bail not required in dowry cases only if FIR lodged.
3- if wife is decently earning and both of yours income is equivalent then nothing is to he paid.
2- Your divorce decree wont be valid in India.
1- You can file case of mental harassment and 323 complaint against her.
You need to validate the marriage in Indian court.
If you are taking mutual divorce then the understanding of Alimony will be between you and her.
If she is contesting the same then you need to file a contested divorce in India and face any false case filed by her.
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
Better file in India to avoid dual process.
G.RAJAGANAPATHY
High Court of Madras .
Hi, you need to file a petition for divorce in India on the ground of cruelty. In India you can't file a Petition for divorce within One year of marriage. It is the duty of the husband to pay the maintenance, whether marriage was solemnized within one month or six months.
[2] Irrevocable difference, is not a ground for divorce in India.
Dear Sir
Irreconcilable differences is not ground for divorce in India.
You could use mental cruelty as grounds instead.
Thank you
The divorce granted by US court on the grounds of irreconcilable difference is not recognised as legally valid divorce in India.
Instead you can better file the divorce case in India itself, but you may have to wait for completion of one year from the date of marriage to file a divorce case against her.
If she is filing any criminal complaint then you may take care to travel in India and can keep in constant touch with your advocate about the developments and feasibility to visit India and return to the country of current residence.
These threats are not considered as irreconcilable difference but they can be treated as acts of cruelty, which is a legally valid ground to file divorce.
2. As the US divorce is not in valid, you may have to observe the procedures as per Indian law for the marriage that has been solemnised as per Indian laws.
Thus as per Indian laws, divorce case cannot be filed within one year from the date of marriage.
3. The alimony aspect will be decided by the court on the basis of an application filed by her and after she has proved your income. There is no yardstick to measure the quantum of alimony, however generally it should be somewhere around 25% of your take home salary income.
4. If you are not in India, then don't do the mistake of filing an application for anticipatory bail becasue once bail is granted you may have to stay back in India till the disposal of the criminal case against you.
5. If you apply for anticipatory bail, then the court may impose conditions to deposit your passbook and restrict you to travel abroad without the permission of court.
6. The time taken for disposal of divorce case in India cannot be predicted owing to various factors involved in it, however the legal fact is that you cannot remarry until yor previous marriage has been dissolved by a decree of divorce by a court of law.
- As per law, a decree granted by the foreign court is valid only if the divorce granted on mutual divorce or contested divorce.
- If she is not residing in US , then a decree of divorce granted on any ground is not valid in India.
- If she is residing in India, then you can take her consent for mutual divorce in India, and further if she refused then you can file a contested divorce in India on the ground of cruelty and other grounds.
- However , for mutual divorce there should be separation of one year mandatory.
- Further , if she is earning and her income is sufficient for her maintenance then she cannot claim from you.
- Further, if she file a harassment case against you then travel will not effected until there is an FIR against you under section 498a .
- Further , even if there is an FIR , then also it depend upon the court to allow you travel.
- Yes, without getting the divorce from first wife , you cannot marry with other.
You can contact me, if further suggestion needed.
