• My wife doesn't want divorce

I am Sushant. I came to the US in 2013 Dec and has been living here since then.
I got married in India in June 2019 and I recently realized that I'm a homosexual.
My wife is in India since Aug 2022 and is aware of my situation since June 2022 but is reluctant to choose divorce and is forcing me to make a baby (getting physical isn't an issue though. It has never been). 
I don't want to ruin the family and future of "Not yet Born Kid" and want to divorce so that she can move on and find the right soul for her and I have promised her to support financially and emotionally through out. 
I also took counseling sessions with her and the feedback from counselor was that she is reluctant to listen.
I did open this up to my family and her sister where everyone agrees that the divorce is the right path. She doesn't want to consider that as an option and keeps threatening my parents saying "She'll commit Suicide"

My Questions:
1. I am planning on going to India and getting this discussed with both families in place. Do I have to worry about anything that will get me stuck in India?
2. What documents/evidences do I have to start gathering?
3. Is there anything that I can do to insure/protect my family against any false allegations that she or anyone from her end might come up with?
4. I heard that I can also file in the court here in the US as I fall under their jurisdiction. To get through the divorce case faster, is it the preferred way to go considering filing in the US since it may not quite be Mutual Consent. 
5. If it is contested divorce, either to file or for hearings, can my proceedings be done online and not in person?
6. I know it more relates to US Immigration law. I want to know if I can restrict her from entering into the US as she is listed as my dependent?
7. Will there be any scope from RCR from her end considering I have already mentioned the best choice to her, my family and her sister. 
8.Is there anything else that I need to consider before I plan my trip to India
Asked 3 months ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

1) if your wife files false dowry harassment case and you apply for anticipatory bail court May impose conditions on your travel abroad 


2) obtain in writing from wife that no demands for dowry were made 


3) you and family members can apply for AB in case  false case is filed by wife 


4) no fault divorce obtained abroad is not valid in India 


5) it would not done online 


6) she can file petition for RCR 

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Aa she is reluctant to divorce you she may file cases against you and your family in India ie domestic violence dowry etc. 

As you haven't done anything you should have a conversation with her that you don't intend to live with her anymore. As she is not ready she may file frivolous cases against you so as to keep you in India.

You may file a divorce petition in US but if she doesn't agree then the decree will not be valid in India.

In a contested divorce the court will grant you divorce but it will take time.

You should sort out what do you plan to do before going to India. if she is not ready I don't think you can go and come back very easily.

She may lodge an fir and the court may impound the passport.

Rahul Mishra
Advocate, Lucknow
13998 Answers
65 Consultations

5.0 on 5.0

Do not right away plan to come India...as she can file domestic violence case ( be it physical or mental violence) or 498a  IPC against you and your family. 

The best action would be to file Divorce petition in India by hiring a lawyer in India ( only need apostille vakalatnama)  without letting her know. Let the court summon her 

If you let her know about you are going to file divorce petition, chances are she will contact a lawyer and before you file Divorce the will slap you false charges of domestic violence and 498a.

However if file divorce petition citing your problem then if thereafter she file false cases against you then they will be Counter case just to counter blast your petition and you will not be in trouble.

You have asked so much in one question for explanation (Advocate_panwar) telegram

Hope this will help you

Just focus on filling divorce... before she could act...and don't come to India before filling of divorce.

Ravi Panwar
Advocate, New Delhi
116 Answers

Not rated

A man and a woman fall in love with each other, get married, move in together in their house, give birth to one or more children, and the couple lives happily ever after. The family is surrounded by grandparents and all other family members aspiring similar values for their lives.The process of a coming out in a long-term heterosexual relationship can be very challenging not only for the involved gay men but also for their family members because they are affected by discontinuities in established personal relationships, expectations of having a heterosexual relationship, and strong gender and family scripts.

In your case; 

Convey the matter through your relatives and her relatives and try for amicable settlement  and mutual divorce . All the communication will done before you reach in India. Us divorce decree is not valid in India .

Marriage under all matrimonial laws is union imposing upon each of the spouses certain marital duties and gives to each of them certain legal rights. The necessary implication of marriage is that parties will live together. Each spouse is entitled to comfort consortium of the other. So after the solemnisation of the marriage if either of the spouses without reasonable excuse withdraws himself or herself from the society of the other then aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.On marriage, it is the primary duty of the parties to live together for the performance of their marital obligations. Cohabitation does not necessarily mean that parties are living together under the same roof but there may be states of cohabitation where they see as much of each other as they can, and yet are not separated.

In your case, RCR is not work out , the court can order but not compel to stay with her. A mindset that shifts from stewing about it to doing something about it. Breakdowns can be startling disruptions in your usual, standard way of operating. They often throw you into unknown territory and create discomfort, but remember they are also calling you to solve a problem, make a new decision, affirm an existing path, or evolve.




Ajay N S
Advocate, Ernakulam
4052 Answers
107 Consultations

5.0 on 5.0

1. You do not need to worry about anything that will get you stuck in India.


2. You will need documents such as marriage certificate, proof of residence, evidence of counseling sessions, etc.


3. You can take preventive measures such as obtaining a non-molestation order from the court to protect your family from any false allegations.


4. It is not recommended to file for divorce in the US as you are subject to Indian law.


5. Yes, the proceedings can be done online and not in person.


6. You may be able to restrict her from entering into the US if she is listed as your dependent.


7. There may be scope from RCR from her end, depending on the circumstances.


8. It is advisable to consult a lawyer in India before planning your trip to India

Mohammed Mujeeb
Advocate, Hyderabad
19291 Answers
32 Consultations

4.7 on 5.0

1. Since, she has not filed any case till date , then no need of worry 

- Further, even she files any case against you, then also without giving notice of the case , the police has not power to detained you. 

2. Medical certificate for the said disease 

3. No 

4. You should know that , if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Further, if the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Hence, if you will divorce decree from US court in her absence then that decree will not valid in India , and she can approach the India court.

5. No, however you can file a divorce petition in India after giving POA to any relative 

6. You can detach her 

7. She can file RCR , however even she will get the decree in her favour , then also it cannot executed against you , 

8. You should try to reconcile the dispute .

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0

1.  If she is filing any criminal case against you then you may not be permitted to return to USA during the pendency of the case or at least till the disposal of the said case.

2.  What action  is that you would like to be initiating for which you require documentary evidence, there is no case yet to be filed neither you have mentioned about the cae proposed to be filed by you, hence no suggestions can be made in this regard without knowing your requirement.

3. You cannot take any action before hand to protect your family members in advance without she lodging a any criminal complaint against them.

4. The divorce decree granted by US court without her participation in the case is not recognised as legally valid divorce in India for the marriage solemnised in India as per Indian laws.

5. No, you have to be physically present or you can give power of attorney deed in favor of any close relative to represent you in the court  during your absence.

6. Until and unless you don't authorise her visa as your spouse she cannot enter into USA on your patronage.

7. Nothing can be predicted in this regard.

8. You should be mentally prepared for any eventuality that may develop on your arrival.


T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

If she files any false criminal complaint you take anticipatory bail 

All Documents / msgs videos etc of she trying to falsely implicating you in this case 

Online can be done with permission of court 


Rcr is practically impossible to implement

Just me cautious of false implication whn in India 

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

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