Legal Question in Family Law in India

Divorce in us

Hello

I am hindu male married hindu women under hindu marriage act.Iwork in US on H1 visa.I stayed with my wife for 9 months in US.Now i don't want to stay with her any more.I want to file for divorce in US on the ground of irreconsible differences.She is not atall ready for this divorce.She is saying she will not give me divorce at any cost.But her concent is not require to get divorce in this ground.I want to know if i file for divorce on this ground in US even though my wife is not ready for divorce can i be in danger?Can she prosecute me under any criminal charges?One more thing i have no plan of going back to INdia.So even if the divorce is void in india it will not matter to me.I am just concern whether my wife can prosecute me under any criminal charge if i file for divorce in US on that ground?


Asked on 1/20/09, 4:09 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce in us

Such a divorce will be a fraud on statute and she may initiate your criminal prosecution in India.

Since you are on H1 visa, if a criminal case (FIR) is registered against you in India resulting into your conviction / sentence, your H1 may be cancelled.

Even on the basis of FIR registered against you in India, there is a possibility of ICE arresting you and sending you back to India. A similar situation had occurred last year in NH about a boy from India who was on H1.

Your plans of 'not going back to India' may be foiled if you file a divorce case against your wife in USA.

Your wife may initiate criminal proceedings against you in USA also on the basis of the case that may be registered against you in India AND on the basis of divorce proceedings you intend filing in USA.

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Answered on 1/20/09, 8:09 pm


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