Kaushik 08 January 2016

Mutual divorce from us, wife in india

Hi,

I got married in Sep 2012. Me and I had differences and my wife left my home with in a year (July 2013) to the place where she works. From then there are no talks betweens us two. Parents and relatives are frequently meeting/quarreling but there is no considerable outcome from that yet.

I was in India till April 2014 and then moved to US. After that there are demands for money, claims of harrasment, claims that I demanded dowry and all such, which we denied and confirmed that we wont budge. Frankly the max we had were arguments. (It is all the relatives and parents deciding the matters, I never spoke a word to her/her parents from July 2013).

Now they are asking me to come to India so that we can go for Mutual divorce. I am not sure if they really meant it or not. As for 3 years there is no movement in talks, we kept on asking divorce politely they kept on acquising us, not letting to bring any conclusions. They kept on saying that they would file Domestic Voilence case or some other case. We kept on saying if your acquisitions are true, please go ahead file a case so that we can fight that out in courts rather keep on acquising each other endlessly. But they havent filed any case (that I am aware of) yet.

I want divorce, after too much of public shaming that happened to me or my close relatives, it doesnt work any more.

So I would like to know

1. How to bring this situation to a conclusion

2. Is it possible to apply for Mutual Divorce from US, wife is India?

3. What are the precautions I need to take?

Please advice. Thanks

Reply Follow

3 Replies

saravanan s (legal advisor) 08 January 2016

its not possible to file a mutual divorce in us without your wifes consent or presence and if the marriage has been contracted in india the divorce that you would have got in us is not valid in india

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 January 2016

Sir,

Send her a legal notice asking her intnetions, and if she fails to reply even after the same, that justifies malafide on her behalf, next we will see what is to be done and make sure you start to keep her recordings of the false accusations she make against you to be used in future for evidencairy purposes.

Warm Regards

Kapil Chandna Advocate

9899011450

Kaushik 09 January 2016

Thanks for the reply every one. I really indebted to you

@sarvanan I am extremely sorry if I was not clear. I am not looking get Mutual Consent divorce from US courts. I want to just apply for one to Indian courts staying in US

Thanks @Kapil sir. Yes, I could. I was not even aware of this option. Thanks. But if I ask for intentions she may just say I want to come back, which will put us in more uncomfortable situation right? (I am not aware of how it works, apologize my ignorance) Is there a better way to put the legal notice?

@Renuka ji. Yes getting lawyer to do most of the work before I visit India is exactly what I am thinking. They are just saying I should be present do anything. So you suggest we just ask them to come up with a draft of Mutual divorce? or anything? How will this draft secure me, as it will not have any legal value right?