1) if you file for divorce in USA your wife will get 50%of your assets .

2) if you file for divorce in india and your wife is working and earning decent salary she may not get maintenance .

3) you have not mentioned details about how much you earn and what is your wife income . the issue as to whether any alimony is to be awarded would depnd upon your respective incomes .

4) IPad notes merely mention about your wife infatuation with that guy she knew before marriage .

5)there is no evidence that she has committed adultery . better gather evidence about her adultery then file for divorce .

6) you can contact a detective agency to gather evidence of her illicit relationship

1. You can file a petition praying for a decree of divorce based on valid ground viz, cruelty,

2. So long you have no proof of her adultery since talking to anybody or writing confession on Note Pad about her love for someone does not constitute adultery,

3. I find that atleast she is honest in advancing her confession & you still have a hope about your married life,

4. Talk to her amicably and try to settle the matter keepmg in mind that divorce is the 2nd most stressful event in one's life,

5. However, she can not claim any share in her husband's or in-law's property as per Indian Law.

1. No. This is the expression of an emotional feeling,

2. It seems she feels obliged that he has touched her,

3. It is a mental craze which is expected to pass away with the passage of time,

4. Handle it compassionately and in a matured way.

If you want to save your married life, try to talk her and settle amicably as she has not committed adultery. if you wish may collect information about her relation/adulterous acts through various sources including detective services. For divorce,cruelty is the ground that can be used against her. She will not get maintenance as she is earning and can not claim right in property in India but if divorce is filed in US then she will get half of the share in your assets.

1) if she files for divorce in USA she will get 50%of your assets .

2) you wont be able to claim expenses you have incurred for her education .

3) in USA divorce takes maximum 1 year .

4) In India it would take around 5 years as you would have to file for contested divorce .

5) i f it is divorce by mutual consent then you can get divorce in India in 6 months time .

6) for MCD you have to stay separate for one year before you file for mutual consent divorce

7) please note that in case you file for contested divorce on grounds of mental cruelty you have to prove allegations made in your petition .

1. While searching for evidence in her whatsapp, inbox files, please note that entering into others electronic domain without his/her permission is an offence as per law,

2. So, be careful on that account,

3. I had stated earlier that she can not claim any share in your property based on Indian law. In the USA, she can claim 50% of your property,

4. You can file divorce petition in India on the ground of cruelty on her part by having/continuing to have post marriage romantic relationship with her pre-marriage paramour,

5. You can neither claim refund of the amount you have spent on her education nor claim her contribution on your household expenses with arears..

1. The Ipad notes only demonstrate that your wife is infatuated to this guy. Infatuation does not constitute adultery under the law prevailing in India or US. There was a time when the courts in India equated 'exchange of pleasantries' between a married woman and a stranger as proof of adultery and granted divorce to the husband, but this is not the situation any more. So if you wish to apply for divorce in India then either file it on the ground of cruelty or unearth proof of her adultery.

2. As per the law prevailing in US your assets will be divided equally between you and your wife at the time of divorce. Contrary to the law in US, under the Indian law the wife has no right on the assets, movable or immovable, of her husband. The utmost she can do under the Indian legal framework is to file for alimony, a claim which you can successfully rebut if you can show that she was not the victim of any ill treatment by you, or she committed adultery.

3. Gather more proof of your wife meeting this guy as and when she travels to Indian again, and then chalk out your legal strategy.

1. Divorce as a legal recourse should be resorted to only when the marriage has reached a point of no return. In your case I think it can still be retrieved out of rough waters.

2. If you apply for divorce in US she can claim your properties in US as well as India. However, Indian law does not give this right to her.

3. You can neither recover from her nor claim a set off against her claim of alimony, of the expenses which you willingly spent on her education, etc.

4. Her acts surely amount to betrayal of trust, which entitles you to apply for divorce in India on the basis of cruelty.

5. In India mutual divorce materialises in 6 months which is less as compared to no fault divorce in US. If you apply for no fault divorce in India it may take up to 2 years, albeit the time likely to be taken is subject to factors like the place at which you file for divorce,etc. In some states in India divorce cases take as long as 3-4 years to be decided.

6. If you apply for mutual divorce in India you will have to show that you have lived separately for not less than a year.

Dear Querist

First of try to settle the matter amicably, if both of you are ready to take divorce from each other then execute a MOU/Settlement Deed and file a Mutual Consent Divorce before Family Court in india. if not possible,

then you may file a divorce case against her on cruelty basis u/s 13(1)(ia) of Hindu Marriage Act in India or you may file a divorce case in USA Too

but in india she may get only the alomony/maintenance as per life style and status but in USA she may get 50% share in your properties too.

presently you are evidenceless about adultery by your wife ,collect evidence of adultery of your wife to make ground for divorce. for this purpose you can engage detective agency also.

relationship of spouses are fully depend upon faith.... if there is no faith then end this relationship is the one and only remedy. you can file divorce petition in USA but amount regarding alimony is based on state law. diffrent states has different law so it'll be more helpful for you to consult a US lawyer.

if you want to file divorce in India then you should go with sec 13 B mutual divorce, you can get divorce after 6 months of filing of petition because your wife is living separately for more than 1year. if you want divorce within 6 months then you should file s.l.p. in supreme court.

Amount of alimony shall be fixed by court on the basic principle that wife should not be profited from alimony. this amount will just for maintain her living standard, if she is educated and a working lady then it will be too low. there is no fixed rule for alimony it'll depend upon circumstances of the case. in your case your wife is able to live separately through her own income, it is relevant fact in fixing of alimony.

her personal notebook is relevant evidence because it is an admission of fact. you should keep it safely ... or if possible make a soft copy of it. collect all evidence and avoid to provoke her because provocation may lead criminal proceeding.