Col Rajp(Retd) (Director) 27 October 2014

Divoce

Need help to proceed further legally , the issue;-

Working girl, educated falls in love with it engineer, gets married and goes to Mexico, for 8 months, after drinks the person beats abused, slaps , punched, her and she goes to Indain embassy, but refrains to report to police as father told her so , so that he is not arrested, the talk it over and matter resolved, started staying happily,

After six months he again , she e packs her bags and goes to her brother I n USA, and comes back to India ,after few days, he resigned and comes back the same day, (she goes to USA, )to india

she , after getting over with the trauma, , after four months he never contacts her , she went to her in- laws place, they take his side, she comes back after he asks her to go. She comes back joins the bank , ( being educated ), after due processes of selection.

he without telling her goes to USA for MBA, staying in California,

She does not want to live with him ,

she wants divorce, since she has visa for USA,

My question is ??

how can we get her divorce, can she get divorce I USA with mutual/ consent,/otherwise Or

she files in india which will take long time , she wants to go ahead in life leaving past behind,

OR what are the ways she can get rid of him ,

kindly advice so that proper action can be taken.

Why the girls are helpless against this Cumbersome laws of India , to get free like in other countries, when any one wants to get out of the bondage should be free to do so, since its their own life, Law should help the agrived party, then otherwise.

Kindly advice .

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5 Replies

(Guest)

If marriage took place in India, then you need to apply for divorce here in the place of marriage.

Ask for MCD, divorce will be granted in 6 months time if the husband too agrees.

If husband wishes to contest divorce, then you will have to contest it and it may take 7-8 years minimum to get over. If husband is not interested to give divorce then nothing can be done. You might have to fight divorce petition uptil Supreme Court.

However, without police complaint report, of physical abuse, nothing can be done. Try staying with husband somehow, and if again he raises his hand, then go to police station, get medical report of physical assault, and proceed accordingly.

India perhaps is the only country left on earth where marriage is still called an institution. It will remain so, lets see Modi is now the PM of India, he might bring changes in law, give quickie divorce to couples seeking divorce. Feeling it difficult to digest laws of India, change citizenship.

ranjan kumar (Advocate) 27 October 2014

if the husband is consenting then file a divorce petition with mutual consent in within 6 months the process will be complete.

if husband is rigid then divorce on the ground of cruelty can be filed along with this complaint under IPC and domestic violence act can also be filed.

T. Kalaiselvan, Advocate (Advocate) 29 October 2014

Better arrange for a mutual consent divorce or she has o file a divorce suit on the grounds of cruelty in India only, a divorce obtained in a foreign country for the marriage solemnised in India will not be considered legal.

Ruby (Sr. Officer) 17 November 2014

In 2011, I filed an application (Case No. 186/2011) before the Family Court, Rourkela under Section 13(i) (i-a) of Hindu Marriage Act, 1955 for divorce on the ground of husband’s desertion and cruel behavior. I also filed a case for grant of suitable maintenance for my daughter’s education who is now in class-12. The court proceedings are still under way as my husband is not cooperating with the court proceedings. He remains absent on most of the hearing dates to linger the case.

In my application I asked for permanent alimony of Rs. 10 lakhs. But as the case is pending for 3+ years now I feel Rs. 10 lakhs will not sufficient for my maintenance in view of increase in living cost.

My husband did transport business by purchasing 4 dumpers, all were financed through Sriram Transport. As he is a government employee all these dumpers were purchased in my name. My husband suffered a huge loss and finally surrendered these vehicles and stopped repaying the EMIs. Now, the financer have issued legal notices for outstanding loan amount on me.

In view of the above, can I enhance the permanent alimony amount now? What should I do now?

Adv. Chandrasekhar (Advocate) 17 November 2014

The question of permanent alimony comes at the time of granting divorce decree or after divorce decree is granted. The stage is not there for that, as your divorce case is still dragging. After evidence is closed by both the parties, you can move an application for permanent alimony amending the amount in the changed circumstances. You have to take proper legal assistance to counter the legal notice served on you by Sriram Transport, involving your husband and showing his liability to repay the loan instead of you. That is more important than bothering about permanent alimony in long pending divorce case.