• Divorce with a US citizen by birth - Indian by ethnicity

Hello,

m a 30 year old woman. indian living in ahmedabad currently. i got married in july 2015 to a NRI currently living in new jersey, USA. It was an arrange marriage and mediated through his distant relative who lives in ahmedabad who also knew my father. At that time he had given us wrong information about himself regarding his educational and work background. so we had agreed for marriage and we had a different image of him. after marriage he went back to USA and our communication was solely on phone. he started the procedure for my spouse visa but after sometime he stopped it midway and whenever i or my family inquired about the status he kept lying and not recieving calls. months and months passed and i kept hoping for a response so i decided to go to USA on my visitors visa. when i went there they treated me like im unwanted and verbally started abusing me and demanding more money from my father. My husband did not have any job at that time and he fought with me badly and also forced me into sex. meanwhile i found out that he had lied about his education as well as job. he never had a job before and also was into drugs. he even abused me physically. i got pregnant there and also was forced to have an abortion with y own money. he denied paying for that too.they had taken all the marriage jewellery with them and forced me out of their house and was not even allowed to take my personal belongings with me. i came back to india broken and went into depression so i could not even think of filing a complaint in police station. after that my father tried to reconcile and still save the marriage but they stopped responding totally. so now i want to get a divorce. how can i proceed in this case? he also has a flat in ahmedabad but it is in his fathers name. nobody stays there. apart from that he has no property in india. please guide the best way i can get a compensation too.

Thank you
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) file for divorce on grounds of mental cruelty. mention baout physical abuses underwent by you , demands for dowry , his drug abuse

2) sek alimony from husband

3) also file complaint under section 406, 498A of IPC read with section 3 of Dowry prohibition act

4) you can also file DV case against your husband seek protection order, maintenance from your husband , retrun of your stridhan , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. IN these circumstances you may file a petition for dissolution of marriage on the ground of cruelty (physical as well as mental) against him. Since he resides in US he has to be served summons through the US Embassy in India. His father would not accept summons from the court if sent to his address.

2. Also file a case under section 498A against him in the jurisdictional police station so that he gets punished for the offences committed by him. This apart, you may also file a DV case under section 12 to seek monetary compensation for the domestic violence suffered by you at his hands.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

it is advisable for you to contact a lawyer in USA for filing for divorce in USA .

2) you can seek spousal support from husband

3) as per US law wife is entitled to 50 per cent of assets acquired by husband after marriage

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If he had meted out tortures and cruelties you could have lodged complaint with the police in US itself.

The domestic violence laws are very stringent in US and such people are not spared so easily by US police.

Even now there is no problem, you can lodge a police complaint in the local and since you know that this house property belongs to his father, you with the help of your relatives break open the lock and enter into the house forcibly, start residing there sating that it is your matrimonial home.

Dont leave the home even if they make a police complaint, ask them to settle all your money and jewels and also compensation if you have to leave the house or else let them approach court with an eviction suit which can be challenged properly.

No doubt this will not be a final legal solution but this will certainly bring some relief or show some path for a proper relief.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Have one more question. Can I file a divorce from new Jersey where he resides currently? I am in India only just went to his place for a month last year. But is it possible for me to go to US on my visitors visa and file a divorce there instead of india ? As it would be faster as I've heard so far.

The US laws say that you have to be there for at least 6 months to file divorce case, hence it would be better you file a divorce cae here in India itself.

If he do not attend the court after receiving summons, then you can get exparte divorce within three months too.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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