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Sh@ktiiiiii (Employed)     08 December 2017

Divorcing wife in usa

 

 

 

 

Hey law Gurus please help me out (Sorry for too many questions)

Me and my Wife are not in good terms and I have almost made up my mind to leave her now.

I have a pic of her with a guy and she has no explanation for it. She Only says sorry all the time. 

Can this help me get a dovirce easily in USA or India?

We have  5 yr old daughter too. Daughter and Wife are in another city of USA.

Our marriage is almosr 8 years old.

My questions are

1: If I dovirce her here, Is that Divorce Valid in INdia?

2: I have my GF in Europe whom I wish to marry. If I marry her in Europe without dovircing my wife in USA or India, am I in trouble If I come to India? (I will never live in India with my new wife as couple in india, I want to mke sure I am not breaking any India law and I want to avoid Indian law and order system)

3: Worst case,(in case I am not able to marry my gf in europe) I I dont wish to live with her when we come to India. How can I achieve that in scenario she does high drama and does not give me dovorce. I am ready to give her a separate flat to live peacefully with my child, but Just want to avoid living with her at all cost.

 

Response is highly appreciated.



Learning

 9 Replies

Vijay Raj Mahajan (Advocate)     08 December 2017

  1. If you both agree for divorce by mutual consent in USA than it will be valid in India. If you unilaterally take divorce there in USA, your wife will challenge the decree of divorce from USA under section 13 CPC in India and get it declared null and void.
  2. Marring another woman anywhere in the world during the existing marriage is bigamy punishable offence in India as well many other countries including many European countries and USA.
  3. Live in relationship with another woman during existing marriage is your own choice and it will not be lawful union in India. This will only be ground for divorce for your wife not for you in India. You want to give flat to live for wife and child is good decision but at the same time you will have to provide maintenance or financial support for your minor child too even if your wife is working and if she’s not working for her too according to the same standard of living which she was having while living with you in your matrimonial home. 

Rest if you want to discuss your case in details email me for professional legal consultancy.

vijaymahajan5758@gmail.com 

test123   09 December 2017

GIVE PROPER ADVICE---> dum dum Vijay Dum Dum < ---- GIVE PROPER ADVICE.

if he takes divorce from USA . its VALID on entire planet.. Excluding india on greedy indian lawyers and indian wife.

bigamy charges only done in india. other countries would not care on baseless indian law.

DO NOT SCARE ANYONE IF YOU ARE NOT EDUCATED

 

 

Vijay Raj Mahajan (Advocate)     09 December 2017

Test123 if you don't know exactly the Indian law regarding this issue keep your mouth shut, I have seen you insulting Indian lawyers in this forum. Mind you coming here with fake ID can cost you very dearly.

test123   09 December 2017

threatening me ?

Sh@ktiiiiii (Employed)     09 December 2017

Thank you very much Mr Vijay.

Your inputs help.

kunal “#unconventional #Aquari   11 December 2017

@test123 @vijayrajmahajan Gentlemen let's not get into an argument here.

@ Sh@ktiiiiiii Sir u can divorce your wife in any country, even America, so long as the grounds of divorce are not fraudulent, collusive or fall u/ Sec 13 civil procedure code.

if after divorce your ex-wife does give u trouble u may file for a restraining order in the civil court...but that is at later stage.

for further queries u may contact me on: basu_kunal@hotmail.com. I will be only too happy to help u out.

regards
Advocate Kaybee

Sachin 7865454111   11 December 2017

Originally posted by : Vijay Raj Mahajan

If you both agree for divorce by mutual consent in USA than it will be valid in India. If you unilaterally take divorce there in USA, your wife will challenge the decree of divorce from USA under section 13 CPC in India and get it declared null and void.
Marring another woman anywhere in the world during the existing marriage is bigamy punishable offence in India as well many other countries including many European countries and USA.
Live in relationship with another woman during existing marriage is your own choice and it will not be lawful union in India. This will only be ground for divorce for your wife not for you in India. You want to give flat to live for wife and child is good decision but at the same time you will have to provide maintenance or financial support for your minor child too even if your wife is working and if she’s not working for her too according to the same standard of living which she was having while living with you in your matrimonial home. 


Rest if you want to discuss your case in details email me for professional legal consultancy.

vijaymahajan5758@gmail.com 

I think this is wrong advice.

test123   12 December 2017

girls in india filing all cases after Mutual Consent Divorce. Lawyers are making money and guy is running around in court room for nearly more then 10 years.

anyone can take divorce from any country. but indian Courts always aganist NRI.

your divorce is valid every country. indian court will not accept your divorce.

i heart stories where girls took Mutual Divorce from USA and came to india and tell judge that she was under pressure during mutal divorce. indian judges had accepted her plea and guys are still running around courts.

 @ Sh@ktiiiiiii.... you came to this lawyers club india..this is lawyers chamber where they will give any advices. sinces it freeeee their job is to attract client.... reality is Far Far Far away.


(Guest)

I agree.

MCD is valid in India ONLY if wife doesn't dispute it later.

Me and my Wife are not in good terms and I have almost made up my mind to leave her now. I have a pic of her with a guy and she has no explanation for it. She Only says sorry all the time.  Can this help me get a dovirce easily in USA or India?
--------
You don't need any reasons to get divorce in USA. If you apply, you will get it in max 6 months with no reasons. In India, your evidence won't help. Just a pic with a guy is not enough. Also, it will take 5-10 years finally even if you get it with lots of trips to courts.

 

 

We have  5 yr old daughter too. Daughter and Wife are in another city of USA. Our marriage is almosr 8 years old.

My questions are 1: If I dovirce her here, Is that Divorce Valid in INdia?
--------
Like I said, MCD is valid but if she is a crook, she can relitigate along with Crpc 125, and 498a also.

2: I have my GF in Europe whom I wish to marry. If I marry her in Europe without dovircing my wife in USA or India, am I in trouble If I come to India? (I will never live in India with my new wife as couple in india, I want to mke sure I am not breaking any India law and I want to avoid Indian law and order system)
---------------
If you merely visit India, you might not have any problem, but bigamy is certainly an offence in India and always a risk. Do not underestimate the risk..

3: Worst case,(in case I am not able to marry my gf in europe) I I dont wish to live with her when we come to India. How can I achieve that in scenario she does high drama and does not give me dovorce. I am ready to give her a separate flat to live peacefully with my child, but Just want to avoid living with her at all cost. 
​------------
If she doesn't give you a divorce, you can live separately. You don't need divorce to live separately. Since you are ready to maintain her, no problems here. Just ask her to leave your home and live sepatately. That should suffice.


 


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