Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sharmarh   07 June 2016

Divorce: help needed

Hi All,
Request you all to provide me your guidance and advice.

I married my wife in India and now we are in US for last 2 years. My wife has been abusing me verbally, mentally and physically. I initiated a discussion to let her know that I will initiate a divorce if she is willing for a mutal divorce and if she wants to contest then i can prove all the abuses through the voice and video recordings I have. She threatened that if i initiate divorce process in US she will go to India before the process is concluded in US and will file charges against me in India. She has told that she will drag me to India and ensure my career is ruined. I'm directionless at this point and have very few options now.

The only defensive option is to call cops. I can call 911 and complain about her physical abuse and she will be arrested for sure. Since we are in a foreign land, I do not want to see her in a foreign jail but she is not leaving me with any other options. She may be released after few days or weeks from jail. After she is released, she will go back to India and start filing charges against me. My questions are:

1) How can I protect myself if she files charges against me in India after her release in US?
2) Will her arrest in US favour me in India in anyway?
3) Is it possible for her to file any sort of charges that will force or deport me from US?

Thanks for your suggestion in advance!!



Learning

 8 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     07 June 2016

Much ado about nothing.

You call 911 report harassment and physical abuse, let her spend time in jail, immediately file for divorce in US itself irrespective of her dhamkis of filing cases after coming back in India.  Consult a lawyer locally and ensure that she stays in jail forever there, if she come back to India and files cases on you, you and your entire family will be in trouble or probalby go to jail and spend time there.  Which one sounds good I think you are mature enough to think rather than acting like Mahatma Gandhi.

KS Johal   07 June 2016

Good advice given by Dana. Regarding your third question if you do not have PR in US then obviously there's a possibility that both of you will be deported. If you have permanent residence then you are ok.

Vakalath (Vakeel No. 1)     07 June 2016

Agree with KS Johal and Dana ji.

Siddharth Dev (Advocate)     07 June 2016

i suggest have a meeting with marriage counselor and do not worry that much you may have time to think further.

Sharmarh   07 June 2016

Thanks all for your response. Is Indian law system so biased that even after I have produce evidence of her abuse they will still listen to all her fake allegations? I did not ask her for any money neither abuse her verbally or physically. So she does not have any proofs against me. How can she harm me? I'm just trying to get more idea on the ways she could use to harm me or my family.

A walk alone (-)     09 June 2016

She can only file cases on you and your family in India. You and your family will get bails. As cases will file by her she has to prove her allegations. Your evidence can help you in fighting case

Born Fighter (xxx)     10 June 2016

Sharmarh, in my view you should refrain from filing any police complaint in US against ur wife. U have already revealed to her ur plan of putting her behind bars. Do you think she will wait for you to take such a step and what makes you think you will 100% succeed in your plan ?? Ur dealing with a women here dont forget that.

 

Its sad and shocking to hear couples are after each others lives while staying under one roof and i can imagine your state of mind. You are not wrong the way ur thinking Sir, but this will lead to litigations/ rivalry for life / war. Now its between you and ur wife and then respective families will get involved and there will be no solution to ur problem but just waste of time and harrassment................and in doing all this you will easily waste 7-10yrs in courts (US+India )

 

Lookout for options to divorce her by MCD. Give her money rather than wasting 7-10yrs of your precious career. 

Sharmarh   18 June 2016

Thanks all. 

Born Fighter - Thanks for the suggestion which is the practical one. I discussed this option but she insists that I buy her a house and Rs. 3 Crores if she has to agree for Mutual divorce(close to 5 Crores in total). That's the reason I'm trying to follow legal way. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query