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sujeeth (HR Assisstant)     25 June 2013

Divorce in india

Hi...I'm in need of help...please help me!

I got married in India about 14 months ago according to Hindu marriage act. We both are Indian citizens. Currently we both are on H1 visa here in US. It was an arranged marriage but there was no dowry involved in our marriage. We both started off really good before we got engaged and married. There is no cruelty/adultery involved in this case either. But we both are not compatible at all now. We have tried a lot but it seems like its not going to work out. I have given up on her. But she still didn't. I want a divorce but it looks like she doesn't want a divorce. We both have never talked about divorce but I can def say that the thought must have occured to her as well. I believe we both are good people but just meant not for each other. I have to move on otherwise I would be regretting a lot during my old age. I have no doubt about that. This is affecting my work in a big way. I cannot concentrate on anything.

I want to return to India soon so getting a divorce here in US isn't going to help me in the long run.

How do I proceed in getting a divorce in India? Can I even get a divorce? I have looked through forums and it looks like irreconcilable differences cannot be a ground for divorce in India. Does it mean I'm stuck with her forever? How can Indian govt put anyone in a situation like this with no way out? Please help me!



Learning

 7 Replies


(Guest)

Q:  Married in India? 

Ans:  You should apply for divorce in India only.  US divorce not considered as divorce.


Q:  How are divorce proceedings in US?

Ans:  Divorce.


Q:  How are divorce proceedings in India?

Ans:  Divoooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooorce.


sujeeth (HR Assisstant)     25 June 2013

Haha come on helping hand..i kinda knew it already but any suggestions on how I could get a divorce? 

First of all I need to know if I can even get a divorce or am I stuck for life? How could any govt put a legal force on anyone to stay married if its just not working. This law is just out of my understanding..


(Guest)
Originally posted by : sujeeth

Haha come on helping hand..i kinda knew it already but any suggestions on how I could get a divorce? 

First of all I need to know if I can even get a divorce or am I stuck for life? How could any govt put a legal force on anyone to stay married if its just not working. This law is just out of my understanding..

Yes.


If you ever thought that weeping with only one eye was impossible, laws in India are designed to make males weep only with one eye !


Best way ahead is you file for MCD, if your wife wants money, then pay her, dont show stinginess here, [a] as contested divorce takes nearly 5-6 years, but in between if your lovely wife wants to make you cry with only one eye..

[b] she can file false cases under PWDVA 2005, 498a [dowry harrasment case], also claim alimony under 5-6 sections of law, and dont forget the litigation expenses, and your hair turning grey, limbs becoming weary.

a + b = a cool 10 to 12 years !

Best option Mutual Consent DIvorce, apply today, stay put for 6 months, and you are a free bird again.  Mind it, having thoughts of remmarying without getting rid of headache No. 1 [your present lovely wife] will create more headaches for you, for which there will not be any cure.


You can reach me on phone too.

fighting back (exec)     25 June 2013

nice reply...:)

sujeeth (HR Assisstant)     25 June 2013

I'm absolutely in no state or mind to even consider the thought of remarrying anyone until I'm done with this headache. I guess MCD is my best option but I highly doubt if she'd agree. We don't have any children.

My lovely wife has got me a lot of work to do.

Adv Archana Deshmukh (Practicing Advocate)     25 June 2013

You have given up on her but your wife still have not given up on you that means she wants to work on this marriage for some more time and give some more chance to herself and to you to make the marriage successul. Then why don't you support her? Why not try visiting some professional marriage councellor to work upon the 'incompatablility issue'? If nothing improves, then also, then your wife may also give up upon you and agree for MCD. Currently there is no legal remedy available for you.


(Guest)

Ask her for MCD-If she agrees,well and good.Have you got chance of getting green card?Then get that and apply for divorce there.Once the wife`s family see that they can`t get to you abroad,they settle things in 1 or 2 years.Otherwise, the scenario that Helping Hands described.


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