1. If you obtain a divorce decree in US it will be valid for all legal and practical reasons in India. Those who say that a foreign decree of divorce has to be mandatorily validated in India are wrong. However, the decree of US court can be assailed by your wife (who will then be your ex-spouse) in India to seek a declaration of it being non binding on her. So if she is still a citizen of India then it may be a better idea for you to seek dissolution of marriage in India instead of US, as this may spare you the ordeal of having to undergo a fresh round of litigation in India.

2. If and when she files a criminal complaint for dowry harassment against you and/or your parents in India then apply for and obtain anticipatory bail to preempt your arrest and detention.

1) better option is to file for divorce in India

2) if you file for divorce in USA and wife does not participate in divorce proceedings divorce decree would not be valid in n India

3) in case wife files false case of dowry harassment obtain AB from sessions court in India within jurisdiction of court wherein complaint is filed

1) contested divorce takes around 5 years

2) you and your parents can file police complaint against your wife under section 506 of IPC for criminal intimidation if they have been threatened

3) your parents can disown you

1. Disownment can only be through a bequest which excludes the heir from succession.

2. As and when the FIR gets filed against you police will issue you a notice. On the receipt of notice you should apply for AB.

3. You should be prepared to wait for 2 years to get divorce in India.

1. It is not clear as to where did she file the police case/complaint for violence. Is it in India or in Australia? If she has filed the police complaint u/s 498A of IPC which has been finally registered as FOR by the Police, then it is a non bailable case for which you should immediately apply for and avail anticipatory bail from the Court.

2.If you have filed a 'No-Fault' divorce case at USA which is attending to and agreeing for, then the decree of divorce to be passed by USA court will be considered as has been obtained on mutual consent.

3. such decree of 'No-Fault' divorce obtained wit the consent of both the parties are considered as mutual consent divorce in India and is treated to be on grounds acceptable by Indian law , hence valid.

4. You shall have to get the said decree of divorce passed by the foreign court validated in India by applying to the district Judge in India.

5. If you get the decree of divorce through a contested divorce proceeding, the the said decree of divorce passed by the foreign court will not be valid in India and you shall have to file a divorce suit in India.

6. However, your mother and sister also can file DV case against your wife in India to counter her police complaint.filed, if any.

7. Your best option will be to negotiate with her and settle for a mutual consent divorce to be jointly filed by both of you which will be disposed off within 6 & 1/2 months from the date of its filing.

1. Your parents are not bound in any way by your acts on your wife. They can be charged for harassing her for dowry and/or committing violence on her.By disowning you, they can not escape from this charge filed or to be filed by your wife. So, disowning you does not give your parents any relief making it meaningless.

2. Yes, your mother and/or sister can file a DV case against your wife in India.

3. Contested Divorce case may take 1 to 4 years in India.

Dear Concerned,

a. As a US citizen now even if you marriage has taken place in India you dont have to file divorce in India as long as you plan not to come to India.

b. Yes, your parents can disown you officially by giving public notice and this public notice will help safeguarding your parents interest from any false and fabricated cases to be filed against them.

c. Assuming your parents are Disowning you (for technical reasons) they need not to file any complaint.

NOTE : if you are not in India and you doubt that your wife can go to any extent for harassing you or your parents it is suggested for you to not to come to India unless the matter i sorted. and your parents should give out a public notice (in any lame daily news paper as this is for record purposes only) for disowning you (only you)

Best of Luck

The letter requesting to withdraw her complaint shall be a strong evidence in your side to plead that she has filed false cases.

In US or in India.

The disadvantages in both is that the decree of divorce if granted as exparte divorce in US, then it is not valid in India.

She either has to contest of can give her consent for mutual consent divorce.

Then it is valid in India.

The disadvantage in filing divorce case in India is that it will drag on for years and you may have to be present in India before the court during trial and witness depositions.

For may have to stake your employment career at US or in the foreign country where you are employed/residing..

Moreover she may resort to lodge false dowry demand cases for which you may have to obtain AB.

To grant AB, on her intervene petition, the court may impose condition to deposit your passport before the trial court which shall be in its custody till the disposal of the case.

This will disable you to travel abroad without the passport

I am opining about all the possibilities, hence you may weigh the probabilities and proceed wisely as per the prevailing circumstances.

Can my parents disown me as their son so they dont have any legal boundation.

This will not help you to protect them from the legal onslaughts.

She cannot be prevented from lodging criminal complaints agaisnt them for dowry or any other cruelties, though the fact is that they are false.

The disowning has no legal status and also it is an internal matter between father and son, but that will not be sufficient to establish that they have not demanded dowry from their daughter in law.

The dispute between father and son may be because of this dowry also.

So dont try such gimmicks which carries no legal sense or meaning.

- Can we file a harassment complaint against them- Diary Report?

That is your decision, you can very well file but will the police entertain this?

The police will support females only in such situation, this may not draw any sympathy while framing charges on her complaint against you people.

- How long can it take to get divorce in India?

It may take at least three years for disposal, with the present trend and situation in the courts across the country.