A 31-year-old Indian citizen on an H1B visa in the US is contemplating a divorce while his 27-year-old wife remains in India. With no children involved, he hopes for an amicable separation but is uncertain. The crucial question is whether he should stay in the US or return to India. Since he has a job offer in India, the divorce process has become a significant factor in his decision.
Legal issues are mounting. If he chooses to stay in the US, could that be detrimental in court? Indian courts have permitted video proceedings in certain situations, but whether this applies to divorce cases depends on the specific court involved. If his physical presence is necessary, remaining in the US could complicate the situation.
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Alimony is another pressing concern. If the divorce is filed in India, will the court determine alimony based on his US income or his Indian salary if he returns? Generally, Indian courts take into account factors such as financial status, living standards, and earning capacity factors such as financial status, living standards, and earning capacity, but there isn’t a set formula. If he goes back, his Indian salary might be considered, whereas staying in the US could result in a higher alimony obligation due to his greater income.
Family stress is also a consideration. Could his parents encounter legal issues if he stays in the US? There are concerns about false cases under laws like IPC 498A (dowry harassment), but these are not guaranteed. If the wife and her family are reasonable, the risk diminishes. Nonetheless, any legal complaint in India could still be emotionally and financially taxing for his family.
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Time is another factor. Would remaining in the US prolong the divorce process? Indian courts are known for their slow pace, and a contested divorce can take years. Being in the US might complicate hearings, but even in India, the process isn’t necessarily swift. Mutual consent divorces are quicker, but if there’s a disagreement, his absence could lead to further delays.
It’s a difficult decision. Returning home could offer a quicker, more straightforward process with less financial risk. On the other hand, remaining in the US provides stability, but it might come with delays and uncertainties. No matter what, this path won’t be easy. The most important step right now would be to seek legal advice before taking any action.
