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Ardor ( )     12 October 2011

Help for divorce proceedings

Hi,

I married and American citizen, (born and brought up in India but acquired citizenship of USA). Due to numerous misunderstandings and mental abuse that I have gone through, I wish to take divorce from him.

We have not registered our marriage yet. We got married four months back. I spoke to him to ask whether he is ready to divorce by mutual consent. He says he will nto come to India and that since he is an american citizen no indian rules apply to him.

Can someone suggest how to proceed for divorce in this case. All my valuables are with him. One of his sisters also took money, 50,000 rs from me, which i have proof of. His mom had also asked for more money to my parents. I dont wish to harass him, but at the same time I dont think he will return my valuables. One of his family member is a lawyer. I want a simple divorce, but because I have a doubt he will not return my valuables I dont want to mention to him that I dont seek alimony and all. He is at a very good position in US. I am an MBA but not working.

How do I proceed? If you suggest by  mutual consent, how do I put the clause for valuables and who has to prepare the documents me  or him? Also is it possible to get without he coming to India, if he gives POA to one of his family members? Also since we dont have marriage certificate, will it be a problem??

Kindly help.



Learning

 12 Replies

Self service (None)     12 October 2011

Both of you are US citizen, no Indian law is applicable. You can file divorce in US, depending on US state you can get alimony. Most of state are no fault state and you can get divorce easily in US.

Just curious why after getting US citizen ship you are thinking about divorce? Did you got citizen ship becuase of Marriage to US citizen? Also as US citizen Rs 50000 has no value its hardly 1100 USD.

Ardor ( )     13 October 2011

Hi

Thanks for your reply "self service", I think it was wrongly interpreted. I am an indian citizen, my husband is an indian who acquired American Citizenship.

We have not even filed for my visa yet. I have never been to US. All mental abuses were because of this visa. Whatever time I was talking to my Husband, he also had the same thinking that I married him because I wanted to go to USA.

To be frank, I did not marry him to go to USA. My sister is already married and in USA and I dont need him to go to USA. I  am an NRI and have no craze for foreign countries.

My question to this forum was because my husband says no india laws are applicable to him since he is an american citizen. And I am an indian citizen. Our marriage took place in India according to hindu rituals.

Pradeep Kumar (Lawyer)     13 October 2011

Respected Mam,

        Since the marriage was solemnized in India,you have right to file divorce and the Indian laws shall be applicable to your husband irrespective of him being US Citizen. Now the main concern is pertaining to valuable items in his custody.I would ask you to follow this procedure. Firstly,send a legal notice to him through a lawyer/us stating for returning the items and stridhan.Secondly,if he fails please proceed to nearest CAW cell.Pleas contact us for further help and clarifications.Thanks.

Pradeep Kumar

Advocate

9871765000.

Ardor ( )     13 October 2011

Thanks pradeep kumar ji,

Yes all I want is my valuables returned to me, because I feel it belongs to my parents since I was not working and they are the ones who contributed towards it.  But I dont want to trouble him and seek settlement peacefully. I would like to try all peaceful means before taking any severe steps.

When I asked him for my valuables he told everythign will be returned on the final settlement day. When we have not even filed petition for MCD, because it is just four months to our marrriage. . Do you think sending a legal notice asking him to return the items will help ? Or you suggest I include the amount or items in our joint petition for MCD.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2011

Dear Ardor

you wanna only divorce to him why you do not use the 498A IPC in this matter and arrest this man who destroy your life and demand manoey from your parents. Indian Law applicable upon him and you can write a latter to US Emmbassy regarding this matter.

feel free to call me on my no. 9953809956

Pradeep Kumar (Lawyer)     13 October 2011

Dear Mam,.

          We understand your intention and it's nice to show the magnanimity against the person who is treating you badly.As you know that the divorce is not possible unless a year is over,however,you have every right to claim your belongings in case of adverse situations.As lawyer above mentioned advised you for 498A,I oppose that decision because you don't want to trouble him and rightly should be if the case can be resolved peacefully. That's why you can contact us for further details thanks.

Pradeep Kumar

         Advocate

09871765000

RevathiGanesh (Practicing Advocate)     13 October 2011

It is better for you to be patient till you settle your terms by Mutual Consent.  You can demand and get all your belongings at the time of filing the case since you do not want to trouble him.  You can file for divorce after one year, practically even if you file to waive that period it will go nearly one year.  So it is better to wait for another 8 months and settle all the terms amicably, since he is also willing to give divorce(as you said).  

1 Like

RevathiGanesh (Practicing Advocate)     13 October 2011

Not having marriage registration doesnt matter since you can prove the marriage with some other documents also, like marriage invitation, photos. etc. 

Who is going to prepare the documents is also not  a big deal if it is going to be with Mutual Consent. 

I will suggest you to go for Mutual Consent and not to create any hardship by filing 498-A and all.  Anyway most of the cases will go to compromise only, so you should not waster your money and strength by filing multiple petitions.

1 Like

Ardor ( )     13 October 2011

Thanks Revathiji, when i spoke to him last time he agreed that he will sign the documents but he will nto come to india, I am concerned becasue he might not return my valuables, as they have been asking for more and more money from my parents. Specially his mother has been asking for money, also his sister took money from me. So lets see.

I cant file for MCD before one year?? If we both agree to it cant we do it?.

 

Thanks again.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

Hmm,

 

Two issues:

 

1. Divorce

 

2. Return of vauables

 

As you are still on speaking terms, it is better to settle this issue once and for all. Yes divorce by PoA is allowed by many HC.

 

Though I understand there are certain times, the other party is not in listening mode. in which case, some legal notice is required.

 

Regards,

 

Shnee Kapoor

harassed.by.498a@gmail.com

1 Like

Ardor ( )     16 October 2011

Thanks Shonee ji

ANAMIKA VICHARE (LAWYER)     02 November 2016

You have jursdictiunn in iIndia, youcan file divorce petition in the nearest famly court or dst court n India serve he summons to him, you will get divorce n it is valid

 

your Profile Photo

 

further queries can be asked inbox  reply shlbe given late night

 


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