US Citizen husband divorce Indian Citizen wife in India
Sohail Abbas
(Querist) 15 December 2018
This query is : Resolved
Respected Experts!
I am an Indian origin US citizen. I came to India on a visit visa recently and got married to an Indian citizen girl. Everything went well for 2 months after which she started acting strange. Everyday she visiting her mother house and fight with me when she come back. One day she cursed me a lot snd told me that she still loves her ex boyfriend and talking to him everyday. I was shocked and upset. She said if I want then I divorce her and then she will file case against me and my mother. I am US citizen but my mother doesnt have a US Visa. I dont want to stay with this girl as she is harrassing me everyday. I am afraid to do anything because anything I do might effect my returning to US. I am on a 6 month visa. Please suggest me what should I do. If I divorce her then will she stop me from going to US? Will my US citizenship be revoked?
What cases can she file against me?
Will my mother get into problem?
Will I be arrested?
Will they harass my mother after I leave?
Can I come back to India? As I am the only child to my mother and my mother stays alone.
Please experts answer my questions and advise me with what approach should I take.
FYI- I am a Muslim and marriage was performed as per Muslim traditions.
Thanks
Vijay Raj Mahajan
(Expert) 15 December 2018
Better return back to USA and workout for dissolution of marriage there. I'm sure US Court will not consider the Muslim Marriage according to Muslim law valid according to US matrimonial laws, if you get such order from US court declaring your Muslim Marriage void, as US citizen and bound by US constitution and laws will not be having trouble from Indian Court where you have very good plea of being US citizen and bound by their laws.
No one can get your US citizen revoked nor get your expedited to India.
You should workout long term visa and P.R. for your mother for US and get her there as soon as possible.
Rest just keep quiet for the time being while in India.
For detailed legal consultancy with me check my profile here in this forum.
BAALASUBRAMANNYAMM
(Expert) 15 December 2018
This is not the right time, to take any legal steps against your wife. Wait some more time with patience. If she files any case, then you will see how to defend.
Dr J C Vashista
(Expert) 16 December 2018
Return to US and do not come back, leaving your mother in India.
Subsequently arrange her (mother's) visa and back to US.
Move in your district civil/ family court and seek divorce.
It can not be presumed (at this stage) what is there in the mind of your wife, however, do not worry.
Consult and engage a local lawyer (in India- city where you are presently residing) to keep a watch on the movement of your better-half and advise you necessary legal action for protection of your interest and/or counter for any such action.
Dr J C Vashista
(Expert) 16 December 2018
You did not mention whether your marriage was solemnised under Hindu/Muslim/Christian/Special Marriage laws and registered or not ?
M V Gupta
(Expert) 22 December 2018
As advised by the experts above you may consider returning o US and pronounce talaq as per islamic law. Once the talaq is pronounced validly the marriage comes to an end. US courts also will consider the case if any in accordance with your personal law. If you take any action now your wife may file a complaint with the police of domestic violence and or dowry demand and harassment against you and your mother in which case you may be arrested along with your mother.
Martin S.
(Expert) 25 December 2018
Triple talaq in question in India. Clarify sub caste in Muslims. Mere tolaq tolaq tolaq wont suffice, Be careful.
