NRI fighting 498a and divorce from abroad

If you are a US Citizen, why dont you try divorce from US itself? Have you checked the local divorce attorneys over there? Once you filed the divorce in US, your attorney will be giving you some docs to file it in India too. But US court might provide you divorce decree if she is not fighting against your case. You will get valid divorce decree at US...

Note- Am not a lawyer. this is one of the option i heard when i tried to deal mine..

Just wanted to give an update: 

- I've decided to wait on filing counter cases until i secure a win in either divorce or 498a

- Applied for Speedy trial in high court and got order in my favor 

- Booked flight tickets, Made my first appearance in 498a trial court and filed Section 205 for personal exemption and successfully travelled back to US (without Passport impounding drama). Girl's side opposed 205 petition and judge asked them to give counter in next hearing - Hopefully 205 petition must be approved as i have valid grounds of working abroad and my livelihood is in usa

- In Family court, my Power of attorney petition is still pending and the judge has changed. Girl's side has opposed my POA petition. Hopefully in next hearing POA petition will be decided. Filing my divorce counter during next family court hearing and looking to get a date from judge for yet another potency test (once i finish the test positive, her annulment (null and void) petition should hopefully be dismissed)

Will keep you guys posted.. Thanks for all the help and for all the knowledge i gained about 498a

@FightforGood i haven't ruled out that option of filing divorce in US but i just wanted to wait it out as there is a huge possiblity her annulment case will be dismissed after i take potency test and proved potency. Then i think the girl has to earn divorce from me and i can file divorce anytime based on cruelty ground. So, filing divorce in US may not be necessary

I am amazed to read your story, mine is very similar.. I'm US ased NRI, DV pending ... anticipating 498A next. Though I don't have citizenship in US and can relocate to India to handle frequent request of presence if required.

How do you manage to visit India from US once a month ? for how many days ? ... In my case also the allegations are frivolous and those will not last till end... I think she also knows it. but the matter is more cornering at gunpoint so that the husband breaks in negotiation.. years of trauma, frequent summons by IO whch will make life difficult for NRI.

 I also hve the exact same questions. will appreciate if any lawyer chimes in.

UPDATE: MY 205-crpc petition to get exemption from personal appearance got approved!! Cross examination to follow next. I'm so happy to taste the first victory! Hereafter no more passport impounding threats or blackmails! 

@jaig. Thanks for responding. I never visit india from US once a month. The last time i went was to kickoff the 498a case and to make my first appearance in that case. Never go for negotiation. Just fight hard and try to move 205 Cr.p.c petition and apply for Speedy trial at the same time to high court. Both the applications won't be approved by High court but they don't get denied either. High court will mention in their order to advise the magistrate in lower court to make a decision after verifying facts. Lower court magistrate asked for Letter from US employer to verify that i still work there and after i provide that info, the magistrate gave an order approving my 205 petition also mentioning facts from High court. So, the b**ch can't contest this from high court even.

Now i can work peacefully and can appear in criminal court only when my presence is "really mandatory". Good luck to you. I'll attach the order copy sometime later.

1. Congratulations. I really appreciate your focus and execution. 
2. If more husbands act like you it will become common knowledge of the land that filing 498A on frivolous matter is not only fruitless but also a suicide mission. 
3. For maintenance, refuse to pay a single penny even if awarded. Make sure you have no property on your name in India, sell if any. 
4. You are US citizen. Indian court can keep issuing notices and blah blah but eventually they cannot do anything to you. If you have smart lawyer you can pay one or two months maintenance and stop everytime the case starts reaching a stage of very adverse orders. You can easily drag her for 5 years this way. 

Thanks for the kind words @autohide147! 

Regarding your Point no. 3) , i got that covered already. I've gifted the property to my mother even before FIR got registered (but i did that only after she filed annulment petition in Family court - not sure if that matters). 

4) Exactly. My goal is to save my parents first from this mess with a win in 498a and putting effort to set aside her annulment petition (just by proving my potency) within a year and denying divorce forever and to make her beg for divorce!! The Bi**ch and the pimp (father-in-law) should have learnt the lesson by then!