Seeking advice for my impending divorce


Hi
Me and my wife are going through a bitter phase in the relationship and despite trying all options I am convinced we need a divorce.
She had multiple times showed the intention for divorce but never acted on it , I was the only one taking the relationship further , but now even I am convinced divorce is the option remaining. I conveyed this to my wife and obviously she is angry.
I am worried if she might file false 498a (dowry case against me and parents) I want to know if I can start the process from my end by sending a notice or how to proceed further. Also I am in USA right now and she is in India , where should we ideally file for divorce as I am an NRI.
If we file in India do I have to come in-person or I can use Power of Attorney?
If she is not showing any intentions to file for mutual divorce and wants to drag this thing. What are the measures I can take to proceed further and also she is hell bent on coming to USA  and I can't and don't want to stop her.She can stay here legally as my dependent and will want to continue living in USA as she likes here and hence not going to take any action for divorce. How can I safeguard myself from this situation? I can't revoke her VISA as that is her to keep.
Thanks
 
Reply   
 
Manager

Originally posted by : Myself

Hi
Me and my wife are going through a bitter phase in the relationship and despite trying all options I am convinced we need a divorce.
She had multiple times showed the intention for divorce but never acted on it , I was the only one taking the relationship further , but now even I am convinced divorce is the option remaining. I conveyed this to my wife and obviously she is angry.
I am worried if she might file false 498a (dowry case against me and parents) I want to know if I can start the process from my end by sending a notice or how to proceed further. Also I am in USA right now and she is in India , where should we ideally file for divorce as I am an NRI.
If we file in India do I have to come in-person or I can use Power of Attorney?
If she is not showing any intentions to file for mutual divorce and wants to drag this thing. What are the measures I can take to proceed further and also she is hell bent on coming to USA and I can't and don't want to stop her.She can stay here legally as my dependent and will want to continue living in USA as she likes here and hence not going to take any action for divorce. How can I safeguard myself from this situation? I can't revoke her VISA as that is her to keep.


Thanks
 

Since you are in USA and have time, high speed internet. First go through the forum and see or take a look at the problems people are facing.

Some of them would be similar to you. We need to appreciate Eminent Lawyers and other members valuable time.

Here is my 2 cents...

If you file in  USA then both has to go through and agree for divorce which will be acceptable in India. Contact a Lawyer

If only one party is there then it will be exparte divorce which is not validdddd in India..

She can file 498a or DV case, but again lot of things has to be done for that...

Regarding Power of Attorney. Not many judges will agree for that.. When you did marriage did you give POA?? or did you tie the sacred thread or exchanged the rings...what ever....

Mutual divorce is best...if that is what you want..Pay one time lump sum amount...

I would rather say...try to reconcile, go for marriage counselling..it is easy to break but again it is expensive....If both have misunderstandings or EGO problems..change your attitude..and things will change....

At the end it is all your Life.. Good Luck.

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu