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sujeeth (engineer)     19 August 2013

Divorce in usa

Hi i got married 12 months back in india and now my wife and i are living here in usa. im on H1 and my wife is on F1 visa as she started going to school.

we fight everyday. we have no peace of mind at all. i was a guy who would never get into any kind of arguments before marriage but now a day doesnt go by without arguing and fighting(not physically). ours was an arranged marriage and there was no dowry involved. this case doesnt involve any domestic violence as well (unless my wife lies). after considering a lot i came to a decision that there is no other way than to get divorced.

a couple of times she did say that she'd commit suicide if we ever take a divorce route. her mom is a very cunning lady and i think she will definitely put some kind of case on me if i ask my wife to divorce me. since we both are here in US what are my options? im not sure if i could convince my wife to mutually agree to get a divorce. what are my options if she doesnt agree for mutual consent divorce? do i have to go back to india to apply for a divorce? how do i prevent my mother in law to not put any case against my family? if she puts a case against me i think i can handle but i def dont want anybody to hurt my parents. 

pls advise me



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 3 Replies

Tajobsindia (Senior Partner )     19 August 2013

1.   First search via reference and hire locally (in your County) an Attorney who handles Family Law cases and knows jurisdiction / grounds for divorce under HMA vis-à-vis International Jurisdiction.

2.   Pre-assuming both parties Hindu, I suggest instruct Attorney that you wish to seek divorce or judicial separation from her on the ground of mental cruelty mentioning all her threats and acts which have caused mental harassment amounting to cruelty.

3.   Make State (the State under which both reside currently in USA) party (Respondent). Why? You are living in a abusive relationship and this matter about her threats of committing suicide and blaming you for this will be in the record of the county court and if she does so after receiving the Summon of the county court of your petition for divorce or judicial separation at least you will be having a defence in your favor that her allegation – threats - blame of your being solely involved for her suicide was not correct but purposely made to unnecessarily involve you in false criminal cases. This strategy of involving State also helps you in future if she commits suicide and her family in India files S. 304 B (Dowry death) and S. 306 (Abetment of suicide) of the IPC or in S. 498a and S. 406 IPC case if she runs from USA and comes to Indian soil and files these case or same filed by your MIL or by your wife’s men and/or agent herein India which is also possible for her to do while still remaining in US soils.

4.   In case she doesn't commit any such foolish act of suicide as she has been threatening you then too you can get rid of her by using her such and such threats for either obtaining decree of divorce or judicial separation. Both these are grounds in USA as well as under HMA.

5.   In USA the service of Summon to Respondent is quite straightforward procedure; via Court process server / via Police / via relative-friends-neighbour. Proceed serving her to County court’s summon for divorce or judicial separation.

6.   Remember that now there is no question that if one of the spouse is not prepared to agree for dissolution of marriage the other spouse will have to continue the marriage. However, if the case is properly handled by a sensible Attorney the case get decided in ultimate divorce otherwise this happens https://www1.timesofindia.indiatimes.com/…  read the glimpse of Indian judicial wisdom and enjoy the foolish manner the case was handled in this case by local Indian Advocate which is purely my view.  

7.   All above advice is based on reading down from your brief; young marriage, condition of filing for divorce or judicial separation, Jurisdiction clause of foreign Decree vis-à-vis applicability in India, threat perception, US Court system, will to come out of abusive relationship and thus brief replied accordingly.

sujeeth (engineer)     20 August 2013

Thanks a lot for your replies. If I summon her the divorce papers in USA, lets say she runs away from usa and would want to deal with the case in India, do I have to leave my job here and go to india to address the case? Or could I have someone there to represent me in India? Also one I start the case here in usa, should I ask her to leave my house? She is not working so I don't know if she could afford to live by herself. She has a married cousin who lives close by though. Will she be entitled to any maintenance or share of my money? I was always the one taking care of the bills and she never earned anything. We don't own a house, we just rent one. Thanks a lot!!

ragz hyder (PM)     20 August 2013

Sujeeth

For a few months collect evidence. Recordings/call recordings/videos as much as possible. Buy a pen camera etc. This is not helpful in US.

Apply for divorce in US. All States have no fault divorce. Appeal and divide your community property.

She will then go back to India or stay here. Once back be prepared for 498A on your parents.Even better shift them to a new city for 6-9 months after she is back

She can always say that she did not get proper legal representation abala nari etc. so divorce will not be valid in India.

She will file FIR etc against your family. Get AB. then her game is closed. Sell any property in India in your name.

 


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