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Parvathy (senior)     04 June 2015

Divorce

Hi. I got married in sept 2014, its been 10months. My husband left 2 days after marraige.and after 3 weeks they have been asking dowry and after that he stopped taking to me and my family. we didnt know what had to be done. we dont where is he now. Yesterday i got a mail saying that he is filling divorce in US and in 30days it will be settled. I dont want that to happen. i want divorce from india. All the marriage expense were made by us. can you advice on this?


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 5 Replies

TGK REDDI (No designation)     04 June 2015

Presuming what you wrote is true, I advise you to take divorce.     Why should you want a man who doesn't want you?      He can't file divorce petition in a US Court.      You shouldn't have spent money on your marriage.       Why should the man pay your lavish costs?        Does a woman's life become miserable if she is deserted?        Such a situation must change.       Men and women should be equal.      A man can't be asked to live with his wife if there are maladjustments.     Are these artificial ones?         In that case also, why only a woman should suffer?        Situation must change.       Traditions should change.      A man can't be sacrificed in the name traditions.  

SOLOMON.RAJ (advocate/director)     04 June 2015

Dear Mrs. Parvathy,

                                There are several remedies in the law conferred for you and which you caqn exercise. the following are the remedies.

1.) Though your husband files a divorce in the U>S. courts and the county courts in the concerned jurisdiction of your husband dissolves your marriage and decrees it by dissolution it  has no binding on the Indian courts , No court in the U.S. or In the world has any biding on the Court as in India in matters like this and the International Courts of justice cannot intervene in such matters hence the divorce granted to you is not at all binding on you here.

2.) No matter what according to the Hindu marriage Act you will still be the Legally wedded wife of your husband.

3.) In case you are keen then you can hire an attorney / lawyer in the U.S. and can contest it if not the courts will pronounce an Ex- parte order ( which is as discussed not binding ).

4. ) you can file a  criminal case under sections 498 A of the INDIAN PENAL CODE and under  section 3 & 6 of the Dowry Prohibition act against your husband and also his family members i.e. mother , father sister , borhetr's etc and seek justice.

5.) The other remedy is you can also claim maintenance under section 125 of the criminal proceure code or according to the family court acts/

6.) If you do not have a home to live you can file a case undser the domestic voilence act and seek shelter in their house.

 7.) Unless the divorce is granted by the indian courts it will not be binding on you.

 8.) You also have the right to seek Alimony a lumsum amount for your maintenance and other things for your future . The amount is  based on the status of the husband , so ranging on the status of your husband you can seek 50,00,00/ One crore or Two crores and it is also connected to your life style as to what kind of life style do you live in . any way there are several factors in claiming the amount which the courts will decide.

My advice is first file the section 498 A of I.P.C and 3 & 6 of the dowry prohibition act .

                                                                                            SOLOMON RAJ,

                                                                                      Advocate High Court Of Andhra &                                                                                       HIgh Court of Telangana States , India.

                                                                                  Ph: +91-9866545086,                                                                                                          Email:justiceleague367@yahoo.com

 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 June 2015

I presume U didn't stay with him in US.Then he can't file divorce in US.What he has mailed U is absolutely wrong. How did UR parents fix the marriage so blindly with aman who deserted his wife just 2 days after marriage. 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 June 2015

I support the suggestion Of Mr Raj

FREDYCHARLES RK - Bangalore (Advocate)     05 June 2015

I  too agree with Solomon very much, He has given the best wisdom as his name suggests, nevertheless if the marriage was via Special Marriage act, first try via mediation route


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