Separation
Devi Sri
(Querist) 05 December 2013
This query is : Resolved
My husband lives in USA and I am in India. One son and one daughter both major are in USA.I(50 years) am in India since 3 years as I cannot survive in USA due to difference of opinion between us. I asked for divorce to my husband who is refusing divorce. 1.What are the legal remedies available for me for divorce. 2. Whether I will get any maintenance as I am housewife. 3.Without divorce can I remarry in India. 4.I don't have any resources and parents are also expired. 5.If to proceed legally what are the methods and money required. 6. How long it will take for legal separation. Thanking in advance for solving my problems.
M.Sheik Mohammed Ali
(Expert) 05 December 2013
1. you can get maintenance
2. you can
3. no
4.
5. you file a case against your husband and son and daughter also
6. minimum 1 year enough
where are you from ?
if you are in chennai call me.
Devajyoti Barman
(Expert) 05 December 2013
1. File suit for divorce.
2.yes
3.No
5. Contact a lawyer, fees varies from advocate to advocate.
6. It takes time.
Devi Sri
(Querist) 06 December 2013
Still some clarity in replies I am expecting. Regrets for any inconvenience.
prabhakar singh
(Expert) 06 December 2013
1.TO GET DIVORCE YOU NEED TO FILE A PETITION
OF DIVORCE IN A FAMILY COURT OF YOUR DISTRICT.YOU STATE " I cannot survive in USA due to difference of opinion between us."
BUT IT CAN NOT BE GROUND OF DIVORCE.YOU LIVED 50 YEARS WITH THIS ISSUE.BUT 'CRUELTY'MENTAL OR PHYSICAL IS A GROUND OF DIVORCE IN SECTION 13 OF HINDU MARRIAGE ACT.CONTINUED DESERTION SINCE LAST TWO YEARS IS AN OTHER GROUND.
FOR YOUR BENEFIT THE ENTIRE TEXT OF SECTION 13 IS REPRODUCED BELOW:
""13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse
with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with
cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or........""
THE OTHER PARTS OF SECTION IS OF NO USE TO YOUR FACTS.
2.YOU SHALL NOT ONLY GET MAINTENANCE BUT ALSO HOUSE RENT, COST OF PETITION AND ADVOCATES FEES TOO UNDER SECTION 24.
WHICH READS:
24. Maintenance pendente lite and expenses of proceedings.-
Where in any proceeding under this Act it appears to the Court that either the wife
or the husband, as the case may be, has no independent income sufficient for her
or his support and the necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the respondent to pay the petitioner
the expenses of the proceeding such sum as, having regard to the petitioner's own
income and the income of the respondent, it may seem to the Court to be reasonable.
YOU WOULD GET ALIMONY ON AWARD OF PETITION
PERMANENT ALIMONY UNDER SECTION 25:
"25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction
under this Act may, at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purposes by either the wife or the
husband, as the case may be, order that the respondent shall pay to the applicant
for her or his maintenance and support such gross sum or such monthly or
periodical sum for a term not exceeding the life of the applicant as, having regard
to the respondent's own income and other property of the applicant, the conduct of
the parties and other circumstances of the case, it may seem to the Court to be
just, and any such payment may be secured, if necessary, by a charge on the
immoveable property of the respondent.
(2) If the Court is satisfied that there is a change in the circumstances of either
party at any time after it has made an order under sub-section (1), it may at the
instance of either party, vary, modify or rescind any such order in such manner as
the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not
remained chaste or if such party is the husband, that he has had sexual intercourse
with any woman outside wedlock, it may at the instance of the other party vary,
modify or rescind any such order in such manner as the court may deem just."
3.NO NOT AT ALL.DOING THAT WOULD BE VOID AND ILLEGAL AND SHALL HAMPER YOUR RIGHTS TOO.
4.IT IS SAD AND YOU SHOULD RECONSIDER YOUR
DECISION OF DIVORCE YOU ARE 50 ALREADY WITH ADULT CHILDREN.
5.METHOD IS TO PREPARE A PETITION OF DIVORCE ON GROUNDS YOU CAN PROVE BY YOUR EVIDENCE.IF YOU ARE SINCE MORE THAN LAST TWO YEARS IN INDIA AND HAVE NOT RECEIVED ANY MAINTENANCE FROM YOUR HUSBAND THEN CHOOSE GROUND OF DESERTION.COST OF PROCEEDING IS NOT TOO MUCH.
LAWYER CHARGES FEES ACCORDING TO HIS OWN
STANDING AND STANDARDS OF LIVING IN THE PARTICULAR DISTRICT.
6.TO GUESS TIME IN CONTESTED CASES IN INDIA
IS VERY HARD.MAY TAKE 3 TO 6 YEARS AT PETITION LEVEL IT SELF,THERE AFTER APPEAL LIES IN HIGH COURT AND SLP IN SUPREME COURT.
Devi Sri
(Querist) 06 December 2013
Mr Prabhakar Singh ji - Thanks for your elaborate reply however some points still ponder me - As my husband is in USA how to take up the case. He is also dual citizen i.e India and USA. I am also dual citizen. What are my rights with reference to USA laws. We have got a Flat at Hyderabad on Joint name of myself and my husband. I am sure that he will not accept/give divorce to me. My children also don't want to come to India. They are born in USA and want to stay in USA only irrespective of my life. But in USA I just can't survive due to harassment by my husband.
prabhakar singh
(Expert) 06 December 2013
Of which state of USA you and your husband is citizen?
One needs to check law of divorce of that state in USA.
Devi Sri
(Querist) 06 December 2013
Mr Prabhakar Singh ji - My husband is citizen of USA not state of USA. In USA we stayed at Seattle is a coastal seaport city and the seat of King County, in the U.S. state of Washington. Seattle is the largest city in the Pacific Northwest region . Presently my husband is in seatlle.
prabhakar singh
(Expert) 06 December 2013
The state of Washington is a no fault country with regard to Divorce so a spouse can seek divorce just because he or she wants divorce.Attorney firms over there charges $ 95 around fees of consultation for an hour and case fees may be say 5 times or even more.First they fix a consultation with client then collect facts and speculate alternative modes of dispute resolution, allowing parties themselves to work out terms of divorce,if not possible a mediator is put between to let parties negotiate to arrive at terms of divorce.
When even this does not work the petition of divorce is filed in court where a period
of wait of 90 days is observed before proceedings starts in court,a trial goes,and a case is usually decided with in span of 1 to 2 years.
prabhakar singh
(Expert) 06 December 2013
You are advised to visit following sites to have a fair idea of things over there :
http://www.engelatlaw.com/Family-Law/Divorce.aspx?
http://www.goldbergjones-wa.com/divorce.html?gclid=cllv0ns3m7scfffz4godzegacw
http://www.duboislaw.net/
http://www.yelp.com/c/seattle/divorce
http://www.seattledivorceservices.com/
http://lawyers.findlaw.com/lawyer/firm/divorce/seattle/washington
http://www.seattledivorcelawfirm.com/
http://www.goldbergjones-wa.com/
prabhakar singh
(Expert) 06 December 2013
The search was through google page below on query law of divorce in Seattle usa and following page was result of the search:
https://www.google.co.in/webhp?tab=ew&gws_rd=cr&ei=UqKhUtDVNoKWrAf7tIDoDQ#q=law+of+divorce+in+Seattle+usa
malipeddi jaggarao
(Expert) 07 December 2013
Hats off to expert Prabhakar Singhji. No more add except:
1) You are in 50s. The divorce case will take its own time. There is no point of entertaining the idea of remarriage at this age.
2) You have a flat in the joint names in Hyderabad. What about the rent?
3) You say that you do not have any means for living. You should make efforts to earn money for sustenance.
4) What is the opinion of your children? Will they not help you though they are not coming over to India?
Think on the above points before jumping into conclusion for initiating legal remedy for divorce.
T. Kalaiselvan, Advocate 
(Expert) 07 December 2013
Mr. Rao is correct. Mr. Singh has given an elaborate rely, hope your problems will get solved after following the said advises.
ajay sethi
(Expert) 07 December 2013
i would advise you to file for divorce in USA . you husband is citizen of USA nad you also hold dual citzenship . in USA you can file for no fault divorce . even if your husband does not agree if any of parties desire you can get divorce . in addition you would get 50%of his assets created after marriage .
the best part is case would get disposed of in span of 1 year .
V R SHROFF
(Expert) 07 December 2013
1.What are the legal remedies available for me for divorce.
Remarks: Why u want Divorce at late seventies??? motive behind???...
2. Whether I will get any maintenance as I am housewife.
yes
3.Without divorce can I remarry in India. NO
Do u really want to re-marry , being Sr. Citizen??
4.I don't have any resources and parents are also expired.
so can get mtn + residence, what more u want????5.
If to proceed legally what are the methods and money required.
depends on whom u engage for legal services, and where
6. How long it will take for legal separation.
USA is FASTER FOR LEGAL SEPN/ DIVORCE
INDIA : MTN IS FASTER.
Thanking in advance for solving my problems.
Raj Kumar Makkad
(Expert) 08 December 2013
Follow the detailed advice of the experts.
