Betrayed, divorce and alimony

Homemaker

Relative from maharashtra married 11yrs having 2 kids below 10 yrs. residing in USA with greencards and both r Indian citizen. Wife fell in love with other man in USA. Social Media chats and note r available. Nude photos exchanged thru social media and mobile back up available and she accepted physical relation verbally. After disclosure and questions with her both r in frustation & shock. She ask to send her to Maharashtra to parents home.  She resigned work.Their marriage is not compatable to continue now. After sending wife to India with kids he wants mutual divorce and if not agreed question remain outstanding. Yet both have not disclosed the fact to their parents. She also do not want to continue marriage under guilt.

1. What precautionery steps he should take for filing divorce and before leaving USA. And after she reaches India.

2. Will adultery and cyber laws against her will impact for denying alimony as lover and she has made adultery and hundreds of photos are exchanged through social media in their account but not public.

3. Can it be condition that relative is ready to give alimony for her subsistence till she is not employed and deny after employment.  For kids he is ready to give.

4. Can he avoid criminal allegation if she is ready for accepting non grant of allimony after her employment written in MCD. (Mutual consent divorce)

5.Can she use sec 498 & 125 in India against relative.

6. As per USA laws she is entitled to get 50% of sale proceed of mortgage property in both name which may fetch more than Rs.30 lacs as her share during pendancy of divorce case. Will court consider this amount while giving relief in alimony.

Any more suggestions?. 

 
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Advocate

Sir, 

 

Where did the marriage took place? 

 

Kapil Chandna 

9899011450

 
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Hi first you ned to clear where marriage held if in india than you need to file case in india usa law not approvel in indian case 

so plz mention marriage place 

 
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The query is not just a simple question. Its a descripttion of a case. You really need a long, detailed consultation with an able legal counsel in India. Actually with two or three different lawyers is better, to compare each advise and decide on the best course using the services of the seeminly best of them. 

 
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LEGAL CONSULTANT

The replies by Mr Authohide are irrelevant to the query and his remarks against the Indian Judicial systemare highly objectionable and can be reported abusive.The non legal members replies should be sensible and related to the query only.

Comming to the query,

As she has reliased her mistake too, a divorce under irretreavable breakdown can be filed in USA,clearly mentioning the post divorce terms and conditiions,which would be easier.

 
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LEGAL CONSULTANT

Place of marriage is irrelevant for greencard holders in USA

 
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