Divorce in US and its implications in India
Me and my wife are both Indian citizens, residing in the US currently (on H1 visa). It's been 12 years since the marriage was registered. We have a 6 year old son from this marriage, who's a US citizen. I plan to relocate to India.
I have been asking for a mutual divorce for the last 4 years, but she wants to stay in the marriage and has been dragging it by some means or the other. She has been spreading slanders about me to the society, alleging that I have raped her and I have been torturing her ever since the marriage. She persuaded me to have a child in order to keep me engaged in the marriage, which I realized later only. She has also been threatening to commit suicide if I file for divorce. Now I realize that all these actions of her are just to keep me in the marriage. I want to move on in my life and I am losing years in my life in this way. I am afraid of what she might end up doing as she doesn't appear to be a matured person at all.
So I have two options: 1. File for divorce in the US and then move back to India, or (2) Move back to India and file there. But I hear that women in India tend to misuse divorce laws in India and it can take a decade to get a divorce. BTW, the US state where we reside can grant a "no-fault" divorce which means divorce will be granted, no matter whether the other party agrees or not.
So which is the better option for me (1) or (2) ? If it is (1), how can I protect myself from any future trouble from her side when I move back to India ?
Asked 8 years ago in Family Law
Religion: Hindu