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Paul (Manager)     15 May 2013

No fault divorce in usa , after that can wife file 498 a

Respected sirs / madams,

 

We are married as per HMA 11 years back in India and for last 3 years we are in USA.. We are going for a no-fault divorce on the ground that the marriage is marriage is irretrievably broken.

My in-laws are threating me and my family members ( back in India) that they will filr FIR / 498A case against us.

Now my wife is with me in USA and supporting me.. After the divorce we are planning to go to India ..

Please let us know if this divorce would be valid in India and any kind of harm my in-laws can cause ...

Also any prior action I can take to avoid impanding danger to me and my family.

Best Regards

Rohit



Learning

 12 Replies

ANAMIKA VICHARE (LAWYER)     15 May 2013

You can very well take divorce, you both hv submitted to the courts of USA, no one can challenge it.   Yr in-laws cannot file any case agaqinst you....Just dont worry n relax.   Anamika Vichare, Family Court, Mumbai 91-9920764088

USA Mobile No.01-317-801-2323  Right now till 1st June, 2013  you can give miss call, I shall call u back

Tajobsindia (Senior Partner )     16 May 2013

I disagree to Advocate Anamika’s advice on your query;

1. The ‘no fault” divorce which is based on ‘irreconcilliable differences / irretrievable breakdown of marriage’ grounds  as being called in USA by both spouse are not valid divorce grounds as per HMA in
India
.

2. Cruelty / Adultery / Desertion / Impotency - mutual consent are grounds that Indian Law recognises, so if the divorce is granted on these grounds – the divorce decree is valid in
India.

 

3. Please note that in such a case it need not be validated in India by filing a suit or anything.  It is the burden of person challenging the decree to discredit it.

 

 

ajay sethi (lawyer)     16 May 2013

agree with tajos india . 

1) irretrievable break down of marriage is not recognised as ground for divorce under HMA . divorce has to be on the 7 grounds recognised under HMA 

 

2) if your wife is supporting you where is the question of dowry harrasment . your wife must be in posession of her streedhan.  .

3) convice your wife to go in for divorce by mutual consent in india also 

Paul (Manager)     16 May 2013

Hello,

The problem is my wife keep on fluctuating with her words .. In the beginning she promised that she wont ask for any maintennace and give elder son ( 7 ysr) to me and now I see that she is changing her statements ..she is telling will take both the kids  ( 7 yr + 3 yr) ..I really do not want to go for contested divorce in US as it is going to be very expesive and would also drag for a  year or so.. Also I do not know what would be the situation once she go to her parents place without taking divorce in US .. they will motivate her and force her to file false cases against me and my family ( 498a , 420 etc etc ) . Also they have a plan to keep my wife and kids at their place , go for legal separation and ask for heavy maintennace on monthly basis from me ..That way I would be the biggest loser .

Please suggest if there is any way out for me .. I do not want to be deprieved from my kids .

Thanks in advance

Best Regards

Paul

 

 


(Guest)

Your key strength is your wife wants divorce from you to marry her lover quickly.

This is your leverage,use it.

Better to undergo Mutual Divorce in India,for a sum.Taking one kid each seems to be a reasonable solution.Collect the proofs of your wife`s affair as safety valve(emails,messages,record conversations where she talks about her lover).This is your insurance as her family will be embarassed to go to police station,courts etc if you have strong proofs of her affair and also your family will get Anticipatory Bail if you have good proofs for the truth.

Paul (Manager)     16 May 2013

Thanks for your prompt response .

Please let me know in case I want reconciliation ( even though wife does not want ) and want to give it a try in India for six months ..do you advise some written agreement with her parents etc... before trying this option or anything else that we can do...

I am not sure if that would work or not but some mediators are approaching that lets have a discussion and we will resolve the issue ...

I am not sure if this would work or not as my wife is determined to leave me and she admits that she is in love with other guy and she does not love me ... I am not sure if for the sake of two kids and staying forcefully ( against her will) is a wise option ...Even if I do so, I want to be safe legally that staying togather in reconciliation mode wife should not cause bigger legal troubles ...

 

Please advise .

 

Best Regards

Paul

ajay sethi (lawyer)     17 May 2013

1) your wife has categoricaly stated she loves another guy . she wants divorce period .

2) prpare consent terms and go in for divor3 by mutual consent in india .

3) since she wants to remarry another guy you can press for child custody . she may agree if she wants aquick divorce .

Paul (Manager)     17 May 2013

Thanks Ajay sir  for your feedback.

However she is playing very smartly. She is not wlling to write and mention anywhere that she want to marry  the guy . She is giving me exceuse that because our marriage relationship is not good I need divorce.. I told her to put in writing that you are in relationship with another guy -  she didn't as she might be thinking that guy would be in trouble ...Also she is very posssive of the kids.. she want to take both the kids and go to Dubai along with that guy ..live there and aslo ask my my child support

 ...she want teh best of everything ..kids, money , her boyfriend and kind of leave  me alone ..she is very selfish and sometime threaten me ...

I am decided to face the music and fight for my right . I am not the one asking for divorce and want reconciliation at this stage that she does not want at all.

Best Regards

Paul


(Guest)

My friend, Contact a private detective to get some proofs of her affair.Atleast recod the conversations you are having about the guy...This will help you in further proceedings.


(Guest)

Repeat comment

ajay sethi (lawyer)     18 May 2013

 

1)you have stated in your query that

"We are going for a no-fault divorce on the ground that the marriage is marriage is irretrievably broken"in addtiiton you have stated that after divorce both of you are going to india .

 

2) in the vent you make the mistake of filing for divorce in USA she would be entitled to 50%of your assets acquired after marriage .

3) dont file for divorce in USA

warrior (Personal)     05 June 2013

Dear Paul,


First thing first.

1) file a complaint that your wife is trying to flee to india and kidnap kids. By filing this ask local forign court to impound kids PASSPORTS.

2) There is no point in living with a unethical wife when she loves other guy, record every controversy conversation cleverly. ask her tactically what is the name and details of that guy(even though you dont get any benifit out of it ) but you will be recording her answers and she will  be admitting that she has a boy friend and she loves him.


at this point you have 2 options : 1) give MCD divorce where you both go to court and get divorce 2) get the divorce on the grounds of cruelty and adultery.

Caution : do not start any divorce activity without filing for passport impounding.

your wife can file 498a case anytime if she want to no one can stop that, but you can restrict your wife from fleeing to india with kids.


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