Q&A : NRI Guy planning for Divorce

Here is a recent query that came from a visitor to NRIDivorce

Hello,

I am an NRI living in US for more than 10 years. My wife went back to India and filed false dowry and DV cases. I wanted some advice on the same. Can I ask you some questions on email or on the phone? I   have a few directed questions and will not take too much time.
I have consulted a few lawyers in US and India and my intention is not to save a few dollars by asking you questions an attorney can answer.

Rather I want to benefit from your experience.
He went on to add:
  • Me and my wife stayed in USA for 2 years and then she went back to India and filed false 498a, dowry cases against me and family in India.
  • I am still in the US. She is planning to come back to US and file for no fault/irreconcilable differences divorce in US. I know that if I don’t submit myself to USA divorce proceedings, then it will be ex party and USA ex party divorce is not valid in India. But I will have to submit myself to US divorce proceedings, as I will lose more money in ex party divorce in US.
  • How can I challenge the validity of this no-fault USA divorce (to which I submitted) in India? Is no fault US divorce = mutual consent divorce in India, since I submitted in US? Is there any way I can  demonstrate to India Judiciary that "I did submit myself to the divorce proceedings in US, but I did not consent to the divorce?".
I want my wife to take back the false cases in India before I give her divorce. She is asking for lot of money from my family in India.

 

Our editor’s advice follows :
Dear NRI Guy

I can see from this note that there is a lot of emotion and bitterness about the divorce. It also sounds like both you and your wife are not willing to continue in this marriage and the best way out is a peaceful separation.

I am assuming you still reside in the US, in which case, you and your wife can file for divorce in the state where you are resident. It is best that you proceed with the divorce. If possible, negotiate with your wife on dropping the “false 498a, dowry cases” against you. Even if she doesn’t agree to the latter condition, try to complete the divorce proceeding in the state where you live.
 
I will not comment on the legality of “ex party divorce is not valid in India.” However, after the divorce decree is granted to you and your wife in the US, you can go your own way.

As regards “false 498a, dowry cases” even if she hasn’t agreed to cancel the case, as a divorcee, she will have a hard time pursuing it.

I don’t understand why you say “I did submit myself to the divorce proceedings in US, but I did not consent to the divorce?".  Divorce means getting out of that marriage. Period. Why are you hung up on your consent?
- Editor, NRIDivorce
 

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