Legal Question in Family Law in India

Re: 498A in India

Your attempting to obtain a "Nevada divorce" may constitute a criminal offence in India.

A temporary worker (H1B) like you has no locus standi to invoke the jurisdiction of a foreign country (USA) for dissolution of a marriage ceremonized under the Hindu Marriage Act more particularly when "no fault theory" is not recognised under HMA.

Since 'Irreconicilable differences' is not one of the grounds on which you may seek divorce under HMA, and since the parties are not citizens of USA, your divorce petition may not be maintainable at all in USA. Even if your petition is accepted by the USA court, such an order/decision will have no legal force in India; and rather it may be counter-productive.

Prima facie you seems to be guilty of committing cruelty against your wife and attempting to cheat her. Not only can you be proceeded u/s 498A of IPC, but a case under D.V.A. may also be registered against you in India.

Even the US authorities may proceed against you under VAMA if your wife takes appropriate steps. Your H1B visa may be also be cancelled if proper complaint is made against you before ICE authorities.

In my opinion you are spoiling not only your married life and the life of your family back home in india but you are also trapping yourself in a criminal prosecution and may land up in jail.

In order to avoid this unwarranted situation, better you consider settling the dispute amicably with your wife.

Re: 498A in India

as you are not a citizen of u.s. and you both were married here in india as per hindu rites and ceremonies, ur filing of divorce in u.s. clearly show that you want to take an advantage of foreign laws to divorce her. this certainly amounts to mental cruelty falling within the ambit of sec. 498a. instead if you are right, u should file the divorce here in india as the indian courts have jurisdiction to decide your case.

Re: 498A in India

Your wife has a case and you might not be able to enforce the decree of divorce that may be granted by the USA Court. 498A also maintainable against you on this ground.