Go for annulment of marriage either India' or USA.

You can file divorce in India as well as in US. You can file mutual divorce in India it will be easy. Otherwise contested divorce is only option. If there is any domestic violence you can file the same also. Maintenance and alimony applications can also be filed in the above scenario

Since no fault divorce is most expeditious and convenient in USA and your in laws are also I inhabitants there you would easily get divorce. 

Your husband being resident in USA is likely to take part in such proceeding as a result of which he can not dispute the same in India. 

If divorce is your primary objective then don't file any other case which may entangle you in multiple proceeding making your objective to dissolve the marriage a total failure. 

File for annulment of marriage on the basis of non consummation in India

As your marriage has been done in USA you have to get the divorce from there. However the procedure over there is much faster than here.

Hope this helps.

Regards

Then you try to file mutual divorce in India if not agreed by him then you can go for contested divorce. 

Annulment of marriage on grounds of non consummation. File it in India. Also a case of domestic violence and abuse. 

Also a case for maintenance in India.

These cases should be filed immediately.

Yes. A case of fraud and criminal breach of trust should be filed against him.

Annulment means that he defrauded you and thatvis a civil remedy. You may still file for damages and criminal charges.

Very difficult situation, file in india stating no physical relationj as a ground and file maintenance under crpc sec 125

If your husband is agreeable file for divorce by mutual consent in India 

2) mutual consent divorce takes 6 months in India 

3) do not file petition in USA as no fault divorce is not recognised in India 

You can file case against your husband and in laws for dowry harassment in India 

2) you can rely upon bank statements to prove money was transferred to his account 

3) you can file for divorce on grounds of mental cruelty 

4) husband refusing to have sex amounts to mental cruelty and is ground for divorce 

The marriage implies an implicit right to conjugality or consortium or Sexual intercourse. Right of consortium implies the corresponding duty of each spouse to cohabit with the other. The mutual right to several intercourse(s) continues throughout the entire period of marital life. When a marriage is valid and also consummated but subsequently one spouse refuses consummation - marital company - the aggrieved spouse cannot seek divorce or decree of nullity for non consummation of marriage - because marriage was consummated.

 if Non-Consummation of Marriage is on account of Natural Causes - impotency- marriage is treated as void under and 'Decree of Nullity' is prescribed. However, if 'Non- Consummation' of Marriage is for Non-Natural Causes - willful refusal to consummate marriage, marriage is treated as voidable marriage and Divorce is prescribed.

Unconsummated relation or non-consummation means couples are either unable to have successful sexual intercourse because of fear or lacking the power to perform penetrative sex.

In your case you have option for filing a divorce case in US court as well as Indian court. As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law. Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India. So if your husband has accepted the authority of US court, it cannot be open to him to later question the authority of the US court. The foreign judgment is open to challenge where it has been obtained by fraud.

Better option is ,

When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together. Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system. Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

Latest Supreme Court ruling states that  family courts were free to waive the statutory six-month period under the Hindu Marriage Act for considering divorce applications in cases where the parties were living separately for more than 18 months before filing the petition, efforts to reconcile differences had failed and claims of alimony and custody of children had been settled.

1. Your case is a fit case for Annulment of Marriage as the marriage was not consummated.

2. Since you were married in India under Hindu

Marriage Act, you have to file case in India only.

3. Divorce obtained from US will not be valid in India as USA is not considered as a repository country.

4. You can file for demand for dowry, harassment U/s. 498 a in India.

5. It's advisable to opt for Mutual Consent Divorce which saves time and money and it will be mutually beneficial to both the parties and issue of assets and liabilities can be resolved.

1. Failure to consummate the marriage for so long is tantamount to cruelty. Marriage without sex is anathema.

2. You can file petition for dissolution of marriage on the ground of cruelty in the competent court.

3. You can file divorce either in India or USA.

4. Contested divorce will come faster in USA as compared to India.

5. You can sue him for maintenance also under DV Act if you initiate divorce proceedings in India.

6. Annulment is not made out except if you can prove that non-consummation is due to impotency of spouse.

In USA the wife is entitled to half of the property of husband along with damages and compensation. 

However in India employeed wife is not even entitled to maintenance least share in his property. 

Decide accordingly. 

File these in India.

1. Annulment.

2. 498A IPC ( for cteatign pressure)

3. DV case for demanding compensation. 

All these cases will create pressure on him and you can ask him for your conditions to be fulfilled 

You can approach to us court for getting divorce even if you don't have any marriage certificate issued from India you can prove your marriage by submission of photographs the decision by do you a sport may be used for filing divorce application in India and on the grounds your divorce allowed in US Indian court also permits for divorce and the same ground

- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Further, Ex-parte decree of Divorce granted by US Court will also not be recognised by Indian Court.

- Hence, if both of your are living in USA , then can get a mutual divorce there , and the decree is valid in India . 

- Further , non consummation of marriage is a ground of divorce , and you can file a divorce petition on this ground and thereby claim alimony from him as well. 

Then on mental harassment and cruelty as of you can file No-Fault Divorce and claim maintenance and lump sum amount from USA court. So he can immediately get punishment and fine. But when you both come to India, then USA decree will be not valid. This is plus point for you and can again file maintenance case and lump sum amount case here in India. No matter wherever he will be, He has to pay Maintenance and lump sum amount.

Only Mutual Consent Divorce performed in the USA that will be valid in India. SO I will suggest if you both are in USA with out your all money return to you don't come to conclusion for MCD.

To recover your salary, file police complaint in US Only, immediate relief. In US, either party can apply for divorce, court will grant divorce on fault or irreparable breakdown of the marriage. Easy process to obtain divorce. 

Recovery is possible by filing police complaint.

1. You can file an application before the Court in India praying for annulment of the marriage on the ground that your consent for the marriage was availed without disclosing the fact that the groom is an impotent person and had this information been made known to you, tyhe consent for marriage would not have been given by you.

2. Such annulment case shall have to be filed within one year after coming to know about the fact which was not disclosed.

3. So, you shall have to state that you got confirmed that he is impotent before 10 months and till then he was avoiding s*xual relationship on various grounds.

4. If you have married in India then you should get the decree of annulment in India as foreign decree of divorce is not considered as valid in India. If you remarry in India without availing the decree of divorce or annulment in India or get the foreign decree validated by the Indian court, you and your next husband shall be booked with the charge of bigamy u/s 494 of IPC punishable with jail term for a period of 7 years with or without fine.

1. Lodge a police complaint in USA and then file a DV case in India alleging dowry harassmenty and claim refund of the dowry.

2. You can also file a police complaint u/s498A of IPC in India alleging dowry harassment.

1. You can file divorce petition in US because you are living with your husband in US but if your husband doesn't appear in court then divorce will not be considered valid in India.

2. So it is better to file divorce in India on ground of non consummation of marriage and mental cruelty by husband and in laws.

3. You can lodge police complaint in US against your husband and in-laws for harassing you.

You can file annulment before the family court. You will be governed under Hindu marriage act. This petition has to be moved one of you. Still court will direct you for counseling where you both can decide your terms for relief of annulment.

Call us through the website for further assistance.

If you want to get out of this mess at the earliest then you may ask him to agree for mutual consent divorce and it can be filed in India. 

If he's not agreeing for mutual consent divorce then you can file a contested divorce case in India on the grounds of cruelty citing non consummation of marriage owing to his impotency as a reason for this. 

You can add other reasons also along the said reason to describe cruelty to be pleaded as grounds for divorce. 

You can give POA deed to any close relative in India to prosecute your divorce case in your absence. 

Firstly you cannot file annulment because it is more than a year from the date of knowledge of non consummation of marriage. 

It should be filed within one year. 

For claiming back your money and the dowry amount you have to file a domestic violence case which may run for years and you will become tired running between court,  home and office. 

There's no guarantee that you will win the DV case. 

You can take step by step to achieve whatever you you decided to get from him. 

You are aggrieved and your grievances need to be redressed but it should not be at the cost of your career or future. 

Think well and decide wisely 

As you are not a us citizen and the marriage took place in india, you have to file the case in india.