I am in USA under OPT F1 visa and i have been here since 2 years. i want to get separated from my husband who is in india. he has allegations that my video is published in a porn site which is not true. before this i had abusive marriage in the beginning. he didnt work for 4 years and i had to support myself. i dnt think he would ever be able to respect me or i would be able to respect him. i am just disgusted at the thought. If i come to india i cant come back to USA. please advise hoe should i proceed further. he said me to send the papers first but now he is saying he wont sign the papers. i got married in 2010
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You may file a divorce petition in India through your power of attorney based on cruelty under section 13(1)(ia) of Hindu marriage Act or file the divorce case in USA if he is also reside in USA.
Your attorney may approach to court for refer the matter before counselling and try to settled the matter amicably with him.
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file for divorce in USA . there is no future with husband who does not work and lvies false allegations against wife
2) your husband would be issued summons by US courts
3) if your husband particpates in divorce proceedings in USA divorce decree would be valid in india
4) if your husband does not particpate in divorce proceedings in USA divorce decree would not be valid in India
Since you are residing in US and your husband is residing in India, you may have to file a divorce in India only.
You may file a divorce case on the grounds of mental cruelty and desertion etc.
in the pleadings for the divorce case you may mention the entire issues of concern that have taken place in your married life sequentially in a chronological order.
You need not produce evidence for all the the bitter incidences that took place or that have led you to decide about this drastic step.
Wherever you have any documentary evidence to support your pleadings, you may attach them with the plaint of the divorce case.
If you are not able to travel to India to follow up the case properly you may give a power of attorney deed in favor of nay of your close relative in India and appoint him/her as your power agent to conduct and prosecute the case on our behalf through your lawyer and you may appear before the court during deposition of evidence alone.
Have personal discussion with your lawyer before initiating any legal process.
1. You can file a divorce case in USA and also in India on acceptable grounds.
2. In USA, you can file a No fault divorce petition also and is sure to get the decree of divorce.
3. In India you shall have to show the reason for demanding divorce and the common groun for seeking divorce in India is cruelty.
4. So, you can file a divorce suit in India on the ground of cruelty and leveling false allegation that you acted in a porn site can also be considered as an act of cruelty on the part of your husband.
5. You can also lodge a police complaint u/s498A and file a DV case in India to force your husband to agree for jointly filing a mutual consent divorce petition in India which will be disposed off with in 6 & 1/2 months from the date of its filing.
