Nri husband seeking divorce advice from indian wife in usa

Sir,

You can take the divorce without being presented in India becasue a lawyer can present you in the court of law.

Since the laws being more baised in favour of the women in India, you need to be on a precautionary side and you will have to be well prepared with all the steps she may take against you.  

Warm Regards

Kapil Chandna Advocate

9899011450

Supporting the views and suggestions of Adv.Kapil, Dear  San,U have posted the same query with the same subject matter five yrs ago in the name of Jay/clarify

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Jay Employee  [ Scorecard : 30] Thank Contributor :  Send PM

Posted 5 years ago

Hello, I seek your expert advice in this case involving my family member.  He is a US citizen and got married to an Indian citizen in India last year.  He was in India for less than a week for his wedding and the marriage was registered in India. He now seeks divorce with his wife on grounds of Incompatibility and personality clashes.  He is currently in the USA and his wife is in India.  What are the laws and his rights as a NRI if he seeks this divorce?  Should he pursue the case in US or in India or wait?  This may NOT be a case of mutual consent as the wife does not agree to a divorce.  If the wife does file for divorce in India, can he be represented in the Indian courts without travelling to India? The current situation is that the girl's family are threatening harressment and  legal actions against the extended family that still resides in India, and the girl is not willing to grant a divorce and would like to come to the States to patch things up.  This was a marriage based on good faith and there is no dowry / physical abuse involved;  But we would like to get your advice on what harm a revengeful and angry bride and her family can do to him and our family. Sincerely, awaiting your responses. p.s. I was searching for sites to find expert legal advice online in such situations as a NRI looking for Indian legal help.  My thanks to the group that started this website and all the participants in advance.

Thanks Kapil for your valuable reply . 

I am planning to file divorce in USA  and this is not on mutual consent . Also I have few recordings were she is saying she also wants divorce from me but she doent have courage to go for divorce due to social problems . 

Can I show this recordings as a proof in the court if something goes wrong in India ?

Oh San,

If you get the divorce in USA and if both parties are present, meaning MCD.

Then it is acceptable in India. The Moment divorce is granted in USA. Remember her visa status will become invalid. 

Expartee divorce obtained abroad is not acceptable in India.

But again Girl can file a divorce case in India too and again you have to attend the cases too.

https://www.498a.org/498aexplained.htm

Please don't waste time if you have already posted your problem that too 5 Years ago.

It is better that you file Divorce Petition in US, because she is also residing over there.   At least  you can get remarried.   But chances are there that crooked advices to wife, she might come to INdia and again file Petition or criminal case here.   Anyhow, my strong advice to you that you file in USA only

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Can her parents simultaneously file criminal case on me in India if I file divorce . Also what are precautionary actions and how do I save myself if such things happen . 

I have done many recordings without her knowledge in order to understand games she is playing behind my back . Can I use this recording as proof in LA and India as well .

Thanks