My wife is currently in USA and has come only here since 2 months . Our marriage is 6 months old . We has incompatibility issues from start . After all this went put control I have now filed divorce case in USA . She is still staying in USA but now after getting notice she is trying to run away back to India . She is planning to file dv maintenance 498a etc cases on me n my parents . How can I get of this ?? Is divorce filed in USA valid in India ?? Also this divorce will not be now by mutual consent . Kindly provide me suggestions and precautions to save from this .
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1)if your wife does not participate in divorce proceedings divorce decree obtained in USA would not be valid in India
2) you cannot file for divorce under hindu Marriage act unless period of one year has elapsed from date of your marriage except in exceptional circumstances
3) if wife files DV / 498A case contest it on merits
4) in 498A case obtain Anticipatory bail after FIR is filed by your wife
5) contact a local lawyer
1. Filing of divorce in USA was an ill-conceived decision if both of you are citizens of India. Your wife will challenge in India the divorce granted by the US court. The fact that she is trying to move to India after getting the notice bears testimony to her intention to lay a challenge to the proceedings before the US court.
2. If she files 498, DV and other cases you will be given a fair opportunity by the court to enter defence to contest the case. The first thing you should so is to obtain bail to preempt your arrest.
3. If divorce has just been filed then you may explore the possibility of withdrawing it and filing it in India.
Until a decree of divorce granted by a US court dissolving the marriage by mutual consent or after contested by both the parties, if obtained through exparte order, it is not valid as per Indian Laws. She will remain a legally wedded wife and the marriage can be held as subsisting.
If you plan to apply for divorce in India, you can do so only after completion of one year period after your marriage was solemnised.
If she is planning to lodge criminal complaint against your parents under section 498a, you have to engage an advocate and first get them enlarged in bail by obtaining anticipatory bail and then challenge her false claim in the trial court during proceedings. For a maintenance case against you, you can decide about challenging it accordingly.
