Legal Question in Family Law in India

Re: Legal Advice on Divorce

Hi,

If your wife petitions for dowry harassment, Police would take action against you an Indian Citizen since it is a cognizable non bailable offence.You can take legal protection agasint this.

You can sue for divorce in US ( without coming to india) only on certain plea as allowed by Indian Supreme Court.

S.Seshadri

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Re: Legal Advice on Divorce

The best course open to you is to file for divorce in India, within the jurisdiction of the court where you were married, or where the wife is now residing.

A divorce decree granted by a US Court may not be valid in India.

If, subsequent to your filing for divorce, your wife files a case under Dowry prohibition, you may be able to obtain an anticipatory bail or a bail.

The filing of such a cse by your wife, may not also prevent your going abroad for your job.

Re: Legal Advice on Divorce

As regards your query, you have no option but to file for divorce invoking the grounds of non co habitation and mental cruelty only in the appropriate Indian Forum at the place of the jurisdiction where your marriage took place or where your wife resides. Since you have mentioned the fact that she threatens you in that case you need to immediately write to the concerned police station of your local jurisdiction in India explaning in detail about the said black mailing and threats. You may note that you have no option but to initiate the proceedings only in India. If any frivilous or wrong complaints are filed against you than in that case you will have to defend then in the right manner explaining and reply appropriately in your defence.