NRI Husband seeking divorce advice from Indian Wife

It is a mess from which the NRI just can't escape. Within a week of the marriage everything turns sour, incompatibility and all that. It is hard to buy.

incompatibility and personality clashes are not the grounds for divorce in India.

better try to resolve the matter amicably.

initially the husband may appear through attorney in case the divorce petition is filed by divorce but later for the purpose of evidence he will have to appear in person.

however, if the wife files a divorce petition and the husband gets a notice then dont let him appear in proceedings the decree will be granted ex-parte.

Thank you for your comments.

I can understand the skepticism expressed by Mr. Agrawal, but I can speak objectively and side with the husband in this case.  The wife displayed very dominant and strong personality during the course of the communication post marriage, and it was evident that it would be a my-way-or-the-highway mentality.  It was becoming obvious to him that there would be rifts in the family as her manipulative nature began to emerge..  There was mistrust and accusations by her of him having an affair, which ultimately leasd him to take this decision.  Marriages are based on trust, and very few would last happily if band-aided in such circumstances.

Well, my learned friends have come out with their perception. Let Mr. Jay advise his friend take action as suggested. He has expressed his thoughts in very fine words. If only court could be convinced!

So, the girl holds all the strings and she can either decide to settle out of courts with terms of settlement or drag this on and file false accusations and make the guy's life miserable in worst case scenerio, that is what you are saying. 

Are there no competent law firms in India that specialize just in divorce cases and can capably represent the NRI in this case?  In such situations, an honest and expert representation in the courts who will give you sound advice is half the battle. 

Also, what if this law firm or the attorney is in a state different that where the marriage was registered? 

Would it  be different if the girl was also US citizen and there purpose of coming for wedding in India was traditional and now they would file for the Divorce in US and what would Indian courts do if the girl tried to harass the boy in India .... ?

I guess for NRI's a peice of advise dont get married to Hindu Indian girl in India .....do the ceremony outside the jurisdiction as the favours women who in last few years have maniulated the law for their benefit.

But remeber the false case eventually dont continue for long ...but it creates hurdles of time !!

as a nri no special right or provision is there.

it is better if he files a case of

(i) restitution of conjugal rights

or

(ii) the divorce u/s 13 of HMA

at the district court, where your wife, resided at present. this will be less complicated to you.

if your marriage held at usa then may file at us court also, but indian court prefarable, though take time, but future complex will be avoided.

if you file at india, one time you have to visit;

there is a provision also to give affidevit at indian embassy.

ignore the threats. now they are your enemy party.

also contact SIFF. THROUGH NET.

"The wife displayed very dominant and strong personality during the course of the communication post marriage, and it was evident that it would be a my-way-or-the-highway mentality. "  - no use of it at court.

"what if this law firm or the attorney is in a state different that where the marriage was registered? " - if you have sufficient money then service of a law firm is best. they will arrange everythingh for you. even in different state they will arrange.

mr ramesh,

"Would it  be different if the girl was also US citizen and there purpose of coming for wedding in India was traditional and now they would file for the Divorce in US and what would Indian courts do if the girl tried to harass the boy in India .... ?" - the marriage will attract the laws of india.

"I guess for NRI's a peice of advise dont get married to Hindu Indian girl in India .....do the ceremony outside the jurisdiction as the favours women who in last few years have maniulated the law for their benefit." - yes you are absolutely right. Iwhole heartedly support it.

Mr Jay

"In India, our Indian Courts,I say correctly and legal community have very good sympathy towards women who married by NRIs and are abandoned.  A law is in pipeline to protect the interest of such unfornuate women. "  -  Please ignore these lines of mr prabhakar's postings. it is his own angle of view. otherwise he is almost correct.

please try to understand the (view point) angle of view of mr anil agwaral. he is wise and give us his views from a diffrent angle. but his views are genuine and touches the ground reality.

Thank you for the responses.  These are the questions that follow:

Mr. Arup Gupta: "also contact SIFF. THROUGH NET." - I didn't understand the acronym.  Are you referring to a website that can provide me with more information?

Also, I am referring back to Mr. K. Kumar's suggestion of "..if a wife files for divorce, don't let him appear in proceedings.  He will get a divorce ex parte."  In this case, are there any disadvantages?

My family member is a US citizen.  Just sometime in March, I read about a High Court ruling where it says that HMA does not apply to NRI indians who only come to India to get married and intend to live abroad.  Will this ruling help him in anyway?

Where DOES one find a list of good Indian Law firms online that we can start calling to learn more about the attorneys and have knowledge of their track record having resolved similar issues?  How can I know of their success rate?  I think this is a dilemma of every client and it becomes even more difficult when you are overseas trying to find reputable and knowledgable attorneys. 

Your insight is appreciated.  Thanks.