Sunny 26 March 2018

498a

I live with spouse in USA. We been in USA for 12 years (me from Apr 2006 and she was here even earlier and returned right after marriage in Dec 2005 itself). So since marriage we have never lived in India. Since 2014 we are Permanent residents oh USA. Have one kid. She and I never got along and don�t have s*xual relations since 8-9 years but live together. She never liked s*x and I eventually gave up. Don�t even talk to each other. We have nothing between us. I�m very tired of this and want divorce so I can start a new life. Have not talked to spouse about divorce. Getting a divorce in US may not be very hard but I�m scared she might get influenced by family in India to file 498a. Me or my family has never asked for even one rupee from her . She has never been harassed about anything and there has been no domestic abuse ever since we married nor any complaint from her whatsoever. She is a very simple woman but I�m scared out of vengeance she could file 498a just to ruin me and family and so that I have to go back to India and then I can�t live my life in US. I don�t even know if spouse will file 498a but people become revengeful when things like this happen. So I�m seeking your advice as to what I should do? Like I said I haven�t even spoken about divorce . She has never lived with my parents in India other than on vacation when we visited parents in India like maybe 3 times in last 12 years . Need advice about 498a in my case Even though we have lived all the married life in USA

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Vijay Raj Mahajan (Advocate) 26 March 2018

When you both are permanent residents of India and living in all these years in USA there is hardly any chance for your wife to lodge complaint against you under section 498a IPC. There seems to be no Police complaint against you made by your wife through out these years for domestic violence, this clean record also gives you good chance to defend yourself in any court in India or elsewhere. The wife in order to file criminal compliant against you in India need to be in India and show all domestic violence or acts of cruelty happened against her here in India by you. The Police nowadays under the clear instructions of the Supreme Court of India is not straight away registering FIR against the husband and his family in any complaint of Wife or her parents but is supposed to give proper notice u/s 41, 41a Cr. P. C to the person's against whom complaint is made to appear and give their version of the case. The parties are both referred to Mediation and Conciliation process by police and settlement of dispute between both get resolved this bringing end to the matter. Anyhow the permanent residency of USA made you both domicile of USA hence the Hindu Marriage Act,1955 shall not apply to you by virtue of section 1(2) and Principle of law settled by the Supreme Court of India in Sondur Gopal v Sondur Rajini case. The divorce case if filled by your wife in India under the Hindu Marriage Act can always be challenged by you and made her to agree for settlement of dispute in amicable manner, that is second line of action. I remember that I replied to this very query previously too. You can contact me for professional detailed case discussion. Check my profile here in this forum. vijaymahajan5758@gmail.com