An indian citizen and hindu, married in india, in US on H1B visa want help on divorce

[lahar]

Can a person born in India, residing in USA on a H1B visa seek divorce from his spouse residing in India?.
Details: The marriage happened in India in June 2006. Both the boy and the girl don't have good terms right from day one of their marriage and are living separately for the past one and half years. The girl is in India and works for a software company and the boy is working in USA. The girl is very adamant, reckless and used to harass the boy every day after their marriage. She doesn't care for his parents and his family. She is a total mess. The boy tried to adjust a lot and finally gave up afer unsuccessful attempts to make her be good to him and his family. Now, he wants to get divorced. The girl is not willing to divorce and wants to see that the boy suffers through out. Can you please suggest what are the good options for the boy to seek divorce while he is still in USA. Considering that Indian law is more protective for women, please advice what would be better steps that the boy has to follow to get a successful divorce with out having to suffer. Its too pity that indian law doesnot acknowlegde the fact that not every woman is good.

[help4you]

My Thoughts

Hi

Sorry to hear this about the boy. We are seeing this now more and more. Not sure what extactly is happened. But they way you mentioned that the boy tried a lot to set based on that i am suggesting is ( again just my thoughts as these are legal matter you need to consult a attorney to proceed with anything).

1) First file for resitution of conjugeal Rights that will allow the boy to stay with the girl. And in this state the way you mentioned the girl will never come. And now it will her burden to come and show up. if she does not show then you can file for divorce on this grounds as based on the period of separation.

2) You can file for divorce in USA and as she will never show up you can easily get it. Thats what every one suggests. But i would suggest to server her summons in india and make sure that she receieved it with Fedex or UPS and as per to the hague convention India has a treaty with USA for eg to honor the Divorce if you follow the steps of it and is valid. But if you take the divorce as exparte i.e with serving her the summons then its no valid in India and hard to get it honourned.

But this is cost ****ed affair based on the state and Attorney you hire.

Not sure in which state you live - based on that you can proceed. As you have already sepearted 1.5 years most of the states will accept ur divorce case on the basis of desertion.

Hope this helps - But again please consult the attorney and proceed as this is just some guidelines so what i know.

Take care and be happy

[krizg]

hope this helps

Dear Friend,

Its a very unfortunate situation though. However you can look for possibilities. Here is my situation:

I was on H1B. Got married to a girl in India. Sponsored her H4 Visa and brought her from India. This girl also did the same thing. With the help of her extended relatives in USA, she deserted me and left home within 2 months of marriage. She filed for a divorce in US with the help of her relatives in a different State and try to serve a notice. I declined to accept and issued a counter notice from my state. She accepted and contested my jurisdiction to misdirect us. Meanwhile she went ahead and got her divorce without my knowledge in the state where she originally tried to serve notice. Also, she left to India confidently. I came to know about this when I proceeded with the case where I served notice to her from my state and I was totally shocked because the judgement was already awarded for this marriage in some other state. What a mess?
I had to clear this mess. I reappealed to the judgement in her state and won the case in my favor. Then, I duly appeared in court for pre-trial in my state and the pre trail notice was served to the address where she last lived. She or her family didn't respond to the court notice or appear in court. Finally judge awarded me Divorce after 2 years of my separation.

In your case, I dont know if you brought her from India to US and she lived with u in US or not. Looking at your situation, you are living here and she is living in India, you have to serve consult an attorney in India and US. If you are serving a notice to her from US. Can you send a notice from here through an Indian lawyer? Before that create records from your end - whether you plan to fight it in india or in US. Send her a nice email - dont commanding words or dont be pleading...draft a diplomatic email. Ask her to join you back. Create records for you either my sending registered mails in India or from US. Then, prepare for the big game - Divorce. Good luck!!!

[txh1b]

http://immihelp.com/forum/showthread.php?t=22523