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My wife is in the USA but filed cases in India


29-Aug-2024 (In Divorce Law)
My wife is a green card holder in the USA. However I live in India. We are separated from the 5 years ago. As soon as she got the green card she filed domestic violence, 498A, 125 and other cases against me India. She is not ready to give divorce me as well but living in the USA. Any case laws you can share which can help me fight these cases.
Answers (5)

Answer #1
527 votes
yes ,you can file a divorce petition in the supreme court under Article 142 of the Indian constitution on the ground of complete breakdown of marriage, this power is only inherent in the supreme court, as you marriage is completely irretrievable so it will easily granted divorce.
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Answer #2
631 votes
Do seek a detailed legal Consultation from an Advocate having expertise in matrimonial laws. Do brief the lawyer and get the contents of DV And Maintenance case legally perused. You need to get be represented through a lawyer. Rebut the allegations and file an appropriate replies
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Answer #3
918 votes
Wife residing in other country and filing cases in other county, without justifying the cause of action, the court can outrightly reject the cases. However complete facts need to be discussed for better advice. Feel free to contact. Thanks
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Answer #4
931 votes
U don’t have to seek here n there for case laws etc. It’s better you hire an expert advocate n let him do his work ! You need to make your move with evidences matching n supporting your case and follow the procedure ! Kindly b in touch
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Answer #5
545 votes
If you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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