How to make sure that my wife won't falsely accuse me if I ask divorce

I live with spouse in USA. We been in USA for 12 years (me from Apr 2006 and she was here even earlier and returned after marriage in Dec 2005 itself). and since 2014 we are Permanent residents. Have one kid. She and I never got along and don’t have sexual relations since 8-9 years but live together. She never liked sex and I eventually gave up. Don’t even talk to each other. We have nothing between us. I’m very tired of this and want divorce so I can start a new life with someone else. Have not talked to spouse about divorce. Getting a divorce in US would not be a problem but I’m scared she might get influenced by family to file 498a. She is very conservative and simple person and not aggressive at all and keeps quiet all the time. Me or my family has never asked for even one rupee from her . She has never been harassed about anything ever. She is a good nature and very simple woman but I’m scared she could file 498a just to ruin me and family and so that I have to go back to India

Answers (3)

337 votes

Since 2014 you both are permanent resident of USA, meaning you both are now domiciled of USA not India, remember this very clearly. Not sure about how you got married in India, whether it was Hindu Marriage that got registered under the Hindu Marriage Act,1955? If yes, than remember under section 1(2) Hindu Marriage Act,1955 although you both may be Hindus but now not domiciled in India, so this Act will not apply to you now. Looks bit complicated, but the Principle laid down by the Supreme Court of India in Sondur Gopal vs Sondur Rajini case says so.
What if she files a criminal complaint against you in India u/s 498A IPC etc. , how that possible while she's sitting in USA? But, yes if her parents do it on her behalf than the issue arises how to workout that. This whole requires detailed case discussion and legal consultancy. I have handled many such cases for my Foreign/NRI clients & I know all the troubles they faced and how came out of it.
Its always better to take precautions rather indulge in any such venture. Rest I'm here for your help if you so desire engaging me for any service.

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317 votes

Dear client, you should first talk for an amicable settlement. If not, yes we can proceed with the litigation. Do not worry a simple legal notice in order to inform you intentions would be suffice. You may also keep things on your E mail in order to safe guard yourself in the future.

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173 votes

There is nothing in LAW which makes sure that if you ask/file divorce wife won't file 498a etc.

though you have not the healthy relationship with your wife, i suggest you, talk to her in a friendly way and convince her for Mutual Consent Divorce which will be best for, of course, both of you.

For any clarification call/mail me.

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