Divorce looks imminent...suggestions please

Hi All,

I am in US on H1B and married in India in mid 2012. We have a 1.5 yr old baby (born in US) now. My wife left to India with baby last year when he was 4 months old. It is been one year and our relationship is severely strained. She is currently on valid H4.

I have few questions
1. Can I apply for divorce in US Court while she is in India?
2. Who will get the custody of the baby?
Please suggest me.

Thanks

 

Thank you all for your inputs. The main suggestions are
1. What went wrong in the marriage?
2. Any reconciliation efforts are made?
3. See a divorce lawyer, US courts generally give joint custody but that can be overriden by Indian courts.
4. 498A may be used.

1.
i. After marriage, she got a passport and visa and joined me in two months. We came to know she is pregnant after a month. I have a strong belief that how she physically and mentally fit will reflect on the baby and taking such a good care to keep her happy both ways.

ii. She spends lot of time speaking on phone with her mother but that did not bother me as she left home for the first time and thought that is usual. She started crying during the calls and when asked she told me it is her family problems. I think that will affect the baby and ask your mother to not say things but she did not bother. One day I heard the conversation for 2 mins on other phone, in which she is saying your husband won't look after us and we should marry you to some other.

iii. In the first 3 months we have three fights one because of her constant crying while she is pregnant and other is she started saying all bad things about my family and especially mother citing somebody told these to her mother. I told her I hardly go to my home except festival holidays as I spent all of my schooling and college in far stations and I do not know anything and you should talk to my mother if it bothers you.

iv. She did not spend one day at my home after marriage. Any suggestion I said her first question is your mother said this? I stopped suggesting as I know it will make me agonized.

v. It was going on like this and her mother came to US on B2, a couple of weeks later she delivered. Her behavior is completely changed when her mother is at home and it was very hostile. She started bugging me about taking her to visiting places. One day she asked me to discuss on the matters, and while we are talking her mother intervened and started accusing my mother and that lead to a big verbal fight. Then I booked her return flight immediately, then I heard the word 'divorce' first time from my wife. She spent 3 months at home against originally planned 6 months. Later she used the word divorce couple of times, everytime I asked her to comeup with the reasons for divorce on paper.

vi. After she left, my wife did not like it and the environment still looks grim. Before marriage she said she has her PG degree. As I was planning to join here I asked her for the transcripts of her degree. Then she said she still has one subject to clear and there is one more attempt left. She left for India and before she left I asked her to learn from other women in India.

* All above is the short summary of her stay with me for 1 year 2 months. Sorry for the long post.
This is one side, and there are happy times too as I avoided the situations where I sense it won't go good. The issues actually happened after she left to India and started living with her mother. I dig the above part only because it went wrong in the this year.

I will write about it and 2/3/4 later.
Thank you.