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divorce valid in India

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  • divorce valid in India

    I came to USA on 2006 December on H1B visa status. I am married and I have issues with my wife. I am staying here alone and she has never been to USA. My and her families have been discussing the divorce issues and they can’t solve the issue. So, my wife’s parents filed a police case on me and my parents last week. These are the cases they filed on us
    420 - 498 a - 506 – 323. So, my parents applied for bail in India. I have a lot of questions on my mind. I am married in Hindu culture.

    1) Can I apply for my divorce from USA? I don’t want to go to India because they filed police cases on me. If yes, what is the process? Please, let me know the details.
    2) I have a H1B visa renewal this April. Will my police cases in India cause me any trouble in INS for visa renewal status?
    3) I am working for an American client and they are willing to take me as a permanent employee. Is my family issue and police case in India going to affect my job here if they transferred my visa status to new American company?


    I really appreciate all your help on this!

    Thanks - Surya

  • #2

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      I went through the same situation but iam senior to you

      yes you can file divorce in usa and get rid of her but before you file terminate all her insurances and everything. try to get a contested divorce instead default judgement then your divorce will be valid in india too which weakens your 498 in india.

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      • #4
        is USA divorce valide in india?

        Hi,

        I am a student and my husband is on H1 visa in USA.He has filed for divorce in california court and I do not have adress of him untill I came here ...His parents torcheture me for money and some how I came out of it with the help of my parents ....I am also searching for the information that whether if I do not contest then is this divore will be valid in india as this man is very cruel and will spoil any other girls life...Anyways i do not want to go into legel procedure here as I want to focus on my studies....Please guid....can i shift this case to India...

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        • #5
          You will be provided with an address to serve any papers (to him or through the Attorney). You can contest the case but without an attorney would be difficult. If the family and person are bad, what is stopping you from a 498A in India?

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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          • #6
            thanks

            Thanks for the reply but if i file 498 what will happen to him as he is in USA so how this case will help me?

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            • #7
              My Suggestion

              Guys - Humble Sugestion - Why do everyone wants to go to 498a section. I have not seen any case that has given any relief to either Boy or the girl side. 95% of the 498a cases end with settlements again, You are saying that you have been tourched by boy parents and now if you file 498a and tourture them then what is the difference between you and them, its all the same. If we have hate them now we hate you too right.

              Life is to enjoy and as you both are in USA i would suggest to talk amicably and come to some solution either to stay together or to separate. I guesss there is no children involved as that will be more complex.

              You are student so why you want waste you good life to go around the courts as the contested divorce will take min a year to settle and what is that you gain either of the one that you decide with amicable talks right. So why not now than later - just suggestion Aal iz well

              Love people and your life will be happy - leave the people who cannot stay with you and have the one who can....

              just my feelings. Sorry if hurted.

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              • #8
                Have put myself in real ****

                This is going to sound real **** and you all might abuse me.
                I got married without telling parents and now the girl wants to leave me.
                I dont want my parents to know nething abt my marriage and the divorce/any other option.
                Now my parents have searched for a girl and I have told her everything abt me.
                This new girl knows everthing and has seen my wife. I told her abt my situation and under what circumstance I got married. Earlier she did not believe and kept on asking for reasons and proofs and swear to GOD I told her the truth.
                But I dont want my parents to know that this is my second marriage otherwise they will be broken. totally.
                I know I shouldnt have done this but this was my first love and we were mad.

                I am in canada on student visa and my wife is on student visa in US. we got married in INdia and we had applied for Canada PR.

                I want a clean chit so that I can start my life from scratch.
                I know this all sound weired and mean. But this is all I can do to save my Parents from being ashamed of me.

                do let me know incase ne1 can help.
                going thru difficult time and really hope some1 might understand me.

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