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Devi (Other)     14 August 2023

Can i show domestic violence proof happened in usa to file case in india

We got married in india and moved to usa. Lived there for 9 years. Last year my husband tortured me and hit me , I called 911 and police took him away. The police firmly said domestic violence happened and he also accepted. He also broke my laptop. So case was filed against him vs state. 2 criminal case. Since it was first time he was asked to take anger management course and be on monitored good behavior. The case is still open. Judge also gave 5 years no contact notice. He cannot come near me. Two months after he lost his job and visa and went back to india. Since I was his dependent I also lost visa and I travelled seperatelt with my two kids and now live with my parents. 
 

now I want to divorce him. My daughter is 7 years old son 4 years old both usa citizens. I want to know how court will consider my situation. Can I show domestic violence proof happened in usa court to india court? 
 

what are the possibilities my divorce could go? 



Quick Summary
A woman married in India and living in the USA for nine years seeks to file for divorce in India after experiencing domestic violence. She has official US police reports and a restraining order against her husband, who has since returned to India. The discussion confirms that evidence of domestic violence from the USA, including police action, can be used as grounds for cruelty in an Indian divorce case. It also suggests that filing under the Hindu Marriage Act, disclosing the ongoing foreign criminal case, can support claims for divorce and potentially full legal custody of their US-citizen children.

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     15 August 2023

You can file the divorce case on the grounds of cruelty both mental and physical 

And also can add the desertion as an adidtional ground for divorce.The incidents happened in USA are pleaded as grounds for cruelty, hence you can very well add all those incidents, if possible documentary evidences for the police action etc. 

Devi (Other)     15 August 2023

Sir , can I have full legal custody of my kids? 

anubhav Bhatt   15 August 2023

Yes, you can file Divorce Petition under section 13A of Hindu Marriage Act herein disclose all the facts and circumstances of the case, whatever was held earlier between the parties, and you may also mention about criminal case which was still going on before Foreign Court that is sufficient if you want more clarification you may contact us then I'll explain properly about your case.

Advocate Anurag Bhatt
High Court
📱 9198889990.

Sudhir Kumar, Advocate (Advocate)     16 August 2023

you appeat to hve a good case.


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