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Divorce

(Querist) 29 August 2014 This query is : Resolved 
My daughter got married in 2009 and stayed with her husband for 4 years in abroad. Her husband though born and brought up in india acquired foreign citizenship. He is staying in abroad since 2005. My daughter after going abroad got permanent resident visa of that country.
My daughter suffered as lot from her husband not only in india but also in abroad from the day 1 after marriage. Everything happened within four walls and she does not have any proof of atrocities done by her husband and in-laws. Though he is well educated, he is a rowdy by nature and well built. He has threatened her plenty of times that he will eliminate her parents if she does not listen to him and his parents. My daughter is also well educated but she led a very mild life with her husband in abroad because he is a rowdy in nature. He use to scold her verbally and also thru phone with all vulgar words and quarrel everyday taking the topics of her parents. She had suffered mentally and also physically.
She decided to separate from him and filed a divorce case and a DV case. My daughter is Indian citizen where as he is foreign citizen. He says he will never give divorce to her not maintenance. He says she should live with him and face further torcher in life. He is sending emails to her many times stating that he loves her very much and wants her ( all drama he plays to prove it to the court that he really likes her ).
My daughter filed the divorce and DV case exactly 1 year back and since then they are not living together. My daughter is living with us. THEY HAVE NO CHILDREN. She is employed in Bangalore 3 months after filing the cases. She gets Rs 24000/- p.m as gross pay but contributes Rs 15000 /- towards house rent every month. He says he is unemployed and lost his job in abroad.
Whether my daughter gets maintenance under DV case and DIVORCE even though he refuses to give. She does not have any proof to prove it in the court about atrocities that he and his parents have done.
My daughter says she will commit suicide if she does not get DIVORCE. She is NOT bothered about maintenance. Can the experts say what will happen to both the cases ? Whether my daughter gets her DIVORCE at least. All of us are spending sleepless nights. They have not given the sthree dhan also.
MY SON-IN-LAW AND HIS PARENTS ARE EXTREAMELY BAD PEOPLE WORST THAN ANIMALS.
P. Venu (Expert) 29 August 2014
Where did the alleged torture or harassment happen, abroad or in our country?
ramakrishna.r.b (Querist) 29 August 2014
both the places. case filed in india
ramakrishna.r.b (Querist) 29 August 2014
both the places. case filed in india
ajay sethi (Expert) 29 August 2014
your daughter should have filed divorce case in USA . she would have got divorce even if her husband did not agree and 50%of his assets acquired after marriage . she should also have filed police complaint in USA against her husband . in india divorce case goes on for years if it is contested
Rajendra K Goyal (Expert) 29 August 2014
In India, the divorce is a long process, she should think to file it at abroad, though it would be a very costly affair.
ADV-JEEVAN PATIL, MUMBAI (Expert) 31 August 2014
Filing divorce case n living with husband abroad on his visa is terrifying. Collect records/evidence of his abuse to support divorce case to be filed here. You may still make police complaint n build up records. Tired of summons by Indian court, he will finally decide to give u diverse. Better late but never
T. Kalaiselvan, Advocate (Expert) 31 August 2014
Let your daughter keep prosecuting the divorce case filed here in India, even if the court is not in favor her prayer seeking dissolution of marriage by a decree of divorce due to her inability to prove the grounds, the court cannot force to live with him, so don't lose the hopes.


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