Sec 18 of hama or 125 crpc?

Better under 125, reason u/s 18 can be challenged on chatty or character ground, but beneficial If not opting for divorce, so there are chance to back home. Hope it clarify.

But in 125 there he can file RCR through 125(4). Yes, I don't want to go back. But he is refusing to give divorce and left India, and decided not to come back in India. Will start living in another country with his partner. And how can he challenge on character, if I don't have done anything wrong, after all he has to prove it. Somehow I have to pressurise him so that he comes to India and give me a quick divorce. I don't want money, but I want quick divorce. 

In this situation what will be the best option?

Hi Subha,

If you are sure, your husband is not going to return to India and you also don't want this relationship, then you can safely file divorce petition based on cruelty or desertion or any other cause.

As your husband will not oppose it, you will get divorce ex-parte.

You are very lucky to be in this situation.

For me, my wife is contesting my divorce petition and demanding 20 lakhs after having done all cruelty on me.

Prasad I understand your situation. I agree some women misuse the law. But in my case I only want the divorce, no money. Still that man is not agreeing ... want to harass me. He has told me that he would drag the case for 7-8 years. 

Please also refer Section 23 of HAMA :

 

23. Amount of maintenance- (1) It shall be in the discretion of the court to

determine whether any, and if so what, maintenance shall be awarded under

the provisions of this Act, and in doing so, the court shall have due regard to

the consideration set out in sub-section (2) or sub-section (3), as the case

maybe, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife,

children or aged or infirm parents under this Act, regard shall be had to-

(a) the position and status of the parties;

(b) the reasonable wants of the claimant;

(c) if the claimant is living separately, whether the claimant is justified in doing

so;

(d) the value of the claimant's property and any income derived from such

property, or from the claimant's own earning or from any other source;

(e) the number of persons entitled to maintenance under this Act. 

 

When you say you don't want money then why thinking of maintenance case. There are other options as suggested by learned members. Nothing is important than mental peace.

Thank you Suraj Kumar for your detail reply.

yes, I don't want money, but divorce. My husband is denying( even denying to give me back my ornaments and furnitures of about 10 lacs ) that and living in another country. I want to pressurise him so that he is forced to give me divorce.

Go for Domestic Violence complaint if he is depriving you for your Stridhan which comes under economic abuse. Be sure that you should have supporting (Bills/Invoices/evidence) towards your claim.

 

Why he is denying for divorce? Understand and act accordingly

Subha Ji, you discussed your matter in another tag and experts have given you the detailed and many valuable suggestions. No use of throwing queries in different tags, evertime outcome will same.

Why don't you file for divorce under section 13(1)(ia)(ib) Hindu Marriage Act,1955 straight away and along with that you file for maintenance under section 24 and 25 of the HMA.

He is living outside India will not come back to India for defending the divorce case rather that case will ultimately go ex-parte and decided in your favour.

The order for maintenance and alimony allowed by the Family Court can be got executed at later stage even after the finalisation of divorce petition in your favour.

Rightly advised by Mr Prasad/Vijay.....its simple and easy way to get divorce in the stated circumstances