Hi, I am a US citizen. I got married in India last year. I did not have time for marriage registration. I came to US and then I realized later during the course of various conversations that this marriage is not going to work (it seems to me that she is only interested in coming to US and get a job, her family started threatening my family for false 498a etc...). I want to divorce my wife. She is coming to US on visitor visa. I have about a month to go before I have one year of separation. I spoke to few lawyers and their opinion was that
a) I need to wait for one year to finish before I can file for divorce.
b) It will be better for me to not register the marriage as then he can argue about the validity of the marriage (there are photos/videos etc...)
c) I should not see her and file for divorce in India as soon as one year completes.
My question is that how valid are these assumptions? Is there any way I can file for divorce in US? What will be the best way to go about it?
Thx.
2007-03-17 20:08:04 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Let me come down to all your queries one by one. a) Section 14 of the Hindu Marriage Act, 1955 (I presume you are Hindu & married according to Hindu marriage ceremonies & rites) clearly debars any petition for dissolution of marriage by decree of divorce within one year of the marriage. b) Registration of marriage is only a proof of marriage & it only presumes that such a marriage was solemnized according to proper ceremonies, customs & rites followed by the parties. But the validity if is in question can also be challenged even if the marriage has been registered if any of the conditions necessary for such marriage were not followed or the ceremonies, customs & rite necessary for such marriage were not followed or the various ceremonies, customs & rites followed were not applicable to both or any of the parties to the marriage. Performance of marriage can also be proved by other evidences such as photographs, video recording & oral witnesses of the priest or other family members present during such marriage ceremonies. c) as I stated the period of one year only debars the filling of any divorce petition it does not bars your seeing her as the grounds for such divorce petition can be & which I presume will be cruelty & not desertion as the time necessary for separate living is 2 years not one year which cant be in your case as your marriage itself is one year old. Hope all your queries get answered here; if you want more clarification write to me directly.
2007-03-17 21:08:00 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
If wife is at fault, simply wait and see. Do not call wife to US on a visit visa. Let wife demand divorce and approach the court, and husband gives No Objection, otherwise getting the divorce will be very difficult if not impossible. The court will order him to pay for for her future maintenance (from US citizen earning high) very exorbitantly if she is unable to maintain herself. (u/s 25 Hindu Marriage Act). In laws may falsely be involved in any criminal case in retaliation eg. u/s 498A Indian Penal Code or 4&6 Dowry prohibition Act. These are nonbailable offences and police can arrest without a warrant from the court. If apprehended arrest in such false cases, anticipatory bail may be obtained u/s 438 Criminal Procedure Code from the District Court (Sessions Judge) or the High Court.
2007-03-18 22:00:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You didn't mention whether the lawyer was Indian or American. I would take the advise of a US lawyer.
2007-03-17 20:16:50 · answer #3 · answered by Ironball 7 · 0⤊ 0⤋
how can u say that u did not have time for registration.now she is ur wife donot believe what others say. i think u have some body else is in ur mind.
2007-03-20 05:18:46 · answer #4 · answered by revathy l 2 · 0⤊ 0⤋
ask a usa lawyer i bet you feel trapped i feel for you good luck
2007-03-21 13:28:25 · answer #5 · answered by sweetgranny06 7 · 0⤊ 0⤋
Good luck!
2007-03-17 20:11:17 · answer #6 · answered by Jazz 3 · 0⤊ 0⤋
what difference does it make...he will take your children back to his country and you wont ever see them again anyway!
2016-03-29 04:32:31 · answer #7 · answered by Donna 3 · 0⤊ 0⤋
You just want to use her then discard her. Please don't make up lame excuses
2007-03-17 20:32:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋