Ram Sahai (DEF) 20 June 2014

Us citizen travel to india and divorce

Me and my wife are from india, married in india, acquired US citizenship and will be travelling to india this summer.

I have reasons to believe that my wife does not intend to return and will be filing for a divorce/harrassment while we are on a "vacation" in india.

Can somebody guide me about appropriate laws which govern divorce in india. We never lived together in india, my 2 kids (ages 9 and 2) were born in US. We will be on a tourist visa to India and the parental authorization is only for 2 months.

Can she continue to stay in india beyond the parental authorization limit? Is divorce and custody favorable towards the mother?

Should I just file for divorce here in US and settle custody issues before coming to India?

Thanks in advance.

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3 Replies

vijay (Business) 20 June 2014

Since you both are not Indian citizens, she may not be able to do much. However she can file a case of domestic violence.

satish bhaskar (Litigant) 20 June 2014

It is in favor but the situation has to be faced, if such comes up. It is monsoon here right now about a year for summer here! If it is not working then the other issues matter like child custody, maintenance, compensation etc. also come into play for divorce. You can file divorce there itself. In India she can file all sorts of cases, more effective for her if you are not divorced. Though it is not advisable to wash dirty linen in public.