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schpvred86 (Engineer)     02 August 2013

Divorce case in usa or india

Hello,

I have a question my husband planning to file no fault divorce here. But I want to file a  harassment  case in India since I was marrried in India and we stayed together for a month there. Our marriage is non-consummated as he has no interest  and after an year now he is planning to go for divorce to come out easily.  Marriage is not a joke. I do not want to leave him easily. What are the ways I have to punish him for leaving me? 



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 10 Replies

schpvred86 (Engineer)     02 August 2013

He is torturing by giving emails everyday to give him divorce.

Adv. Chandrasekhar (Advocate)     03 August 2013

What do you mean of "here" in the first line of your posting.  If it is USA, the divorce, as per the law in vogue in India, is not validated by Indian Courts as "no fault divorce" has not been made a ground for divorce in India till date.  As the marriage happened in India, if you want to file domestic violence case,  you can file it in India.  If you want to file Section 498-A harassment case, if offence or part of offence has not happened in India, you are not entitled to file a complaint here in India.  Now you know, there is difference between domestic violence harassment and Section 498-A harassment.

schpvred86 (Engineer)     03 August 2013

Chandrasekhar sir,

Here means USA. We are staying in USA. So you are saying I cannot file cases in India?

After marriage we stayed for a month in India and my husband didnot touch me and even after coming to USA he mentally harassed me by showing his disnterest and rejected me without any reasons. He also had affair. He fgot separated before 3 months back and now he is going for divorce as no fault. What should i do /

schpvred86 (Engineer)     03 August 2013

Anyone please help me.

498A__misused (Sec)     03 August 2013

Sorry babe no help you . We all will always pray for your Husband :)

he is doing good job

NGOKC (pm)     03 August 2013

sympathies with you on break of marriage .

However lingering on will only spoil your life

Remember in casse only lawyers come out vvictors with hefty fees they have made

You can still get another man , but if you file a false harassment case , even if it is later settled , next person who you approach to marry will be wary ass all people go thro previous divorce papers before remarrying


Best scenario discuss alimony, find another life partner

No fault  divorce of US without your approval  has no validity in India as you were married under Indian HMA Law 

Adv Archana Deshmukh (Practicing Advocate)     03 August 2013

Its true that marriage is not a joke, but you cannot force someone to love you and this you will have to accept today or later... The no fault divorce filed by your husband has no legal validity in India. However, instead of wasting your life on a man who has no feelings for you, why not you divorce him and remarry someone who will treat you as his wife...? Take all your streedhan and even alimony if you need and leave him. It may sound harsh but what can be done then.... Consult some lawyer with all the facts in details and decide what to do. Better leave him if he does not like you.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 August 2013

adv. archana is right, i agree with her

schpvred86 (Engineer)     04 August 2013

Thank You Mam Archana and NGOKC,

I have all my sthreedhan with me which I took from bank locker. For that my husband taunted me that I took the jewellery from the bank locker. We are not in talking terms then how can I discuss alimony with him. Please advise.


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