32 year old Indian male working in Silicon valley for almost 10 years now. I decided to walk away from 5 year long bad marriage. There are always 2 sides of any bad relationship story, so I dont want to bother you with details. But, there was no abuse from either side. We did argue and shout at each other sometimes but thats about it. After I decided to take divorce, and told my wife, she called 911 and accused me of domestic violence and marital rape. The case wasnt filed by DA and Im out of the criminal allegations. Now Im going through the divorce procedure in California court. The divorce in US should be straightforward since we dont have any kids. What Im worried is, about divorce in India. I know some stories where the girl family accuse the guy family and the guy particularly with some unbearable allegations. I understand the reason why there are laws inclined towards women, but some people just misuse them. I have a friend of a friend who went through similar situation and the girls family filed DISHA case against him. I dont have much family support in India. My family never really encountered with law. Im worried what the girls family can do to them. And also if I can visit India at all. Can someone here suggest how I can get past this and protect myself any potential dangers? TC - ~550k
Is your divorce in California not accepted in India? Or are you still considered married in India even though you have a paper showing that you got divorced in California? I’m confused why you would have to go through divorce in India
If the marriage is registered in India, the divorce can always be contested in India then. Why would an Indian court accept a divorce given by the US court of law.
The wife cannot make new accusations if it's a mutual consent divorce in the US.
Wow. Don't have anything to add, but I'm sorry this happened. Please take care of your mom and yourself.
Get this done in US before you even visit India. Take it smooth, you are at high risk here.
An accusal of violence and particularly rape is a very serious one. Can you file a false accusation charge if the DA has dismissed them?
This is very unlikely to work. The DA dismissed it since they don't believe that they have sufficient proof to realistically win a case against the OP and went for other easier targets (not like there's a dearth of those). Proving that the wife filed false claims has a significantly higher barrier.
So a false rape charge is just going to slide? What about personal humiliation and distress and mental torture inflicted? That has no consequences?
How? Based on zero proof?
Wdym by in-laws are going through it? You have filed it against them?
Did you guys get married in the US or India? Submit divorce decree from US once US divorce is final and done in your Indian case if there is a case there. Talk to your lawyer or firm whose filing for your divorce in US and see what they advise. Hire a good attorney in India just in case. Shield your mother by having her close to the people you trust in India.
Not a lawyer. I always wondered why the guy does not threaten to misuse some other similarly badly designed laws. Like if they threaten false rape/dowry case, threaten of violence her family did on females on your family. Or file fake 'atrocities' cases by paying someone. I know this is extreme. But Indian laws are extremely stupid and someone has to come up with counter-stupidity. Good luck to you and happy that you got out of a bad marriage.
Sorry for you mate. You'll get through it! Can you share some red flags / what went wrong, so that us bachelors know what to avoid?
With rose tinted glasses a red flag looks like any other flag.
Don't try to "excuse" your partner's behavior as a moment of rage or exception. Pre marriage is supposed to be the time when they're at their best behavior. Be watchful of how they behave with others- family, peers etc. In your conversations or presence if they trash talk or mean harm to others before marriage, they may just as well turn around and do the same or worse to you.
Why was it bad primarily?
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Very sorry. I doubt you’d get any serious advice on this app. You should try that Indian Legal subreddit r/LegalAdviceIndia
As a resident of the US, OP needs to first take care of business in US even if they got married in India.
All decks layed out for divorce in USA