• I want divorce for my daughter

My daughter got married on 17.02.2017 at Gadag, Karnataka, Indian. This is a arranged marriage. After marriage both my daughter and son in law moved to New Jyercy State of USA on 03.03.2017.
on 21.04.2017 we came to know that our son in law is a diabetic patient since 4 Years with insulin intake of 14 dose morning and night along with four other tablets. 
He has not informed about this before marriage. 
This a pure cheating. He played with the life of daughter. He also have low sugar problem, also thiriod and have importance.
1. Now we want take divorce on mutual consent in New Jercy Court USA. Is it valid in India
2. Whether we have wait for one year period, to file case in the court
3. What it best course of action
4. Whether we can file cheating case and put him behind the bars 
5. What compaction i can get
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1) your best course of action is to file for annulment of marriage on grounds of fraud in Gadag karntaka within period of one year of marriage

2) mention that husband suppressed material facts that he is highly diabetic , has thyroid problems and impotent

3) divorce by mutual consent is valid in India

4)you have to wait for expiry of one year before filing petition for divorce

5) case for cheating under section 420 of IPC can be filed in Gadag Karnataka and compensation can be complained against the husband and in laws

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

1.The mutual divorce in USA would be valid in india since it is done on mutual consent.

2. Yes,do wait for one year.

3. Howeevr of one party later disputes it in india,it is advisable you go for it in India only .

4.if you're thinking of mutual divorce then don't go for cases. in that event mutual divorce can not happen.

5. Getting alimony on mutual consent divorce depends on mutual agreement of the aprties. there is no prescribed for this.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1. Now we want take divorce on mutual consent in New Jercy Court USA. Is it valid in India.

Opinion: yes, mutual consent divorce granted by USA court will be valid in India too.

2. Whether we have wait for one year period, to file case in the court.

Opinion: no there is no need to wait.

3. What it best course of action.

Opinion: file immediately if both the parties are ready.

4. Whether we can file cheating case and put him behind the bars.

Opinion: when the matter will be settled amicably then there is no need.

5. What compaction i can get.

It is depend on income and status of parties.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

you have to wait for period of one year

2) marriage was solemnised in india as per provisions of Hindu Marriage act

3) divorce can be granted only as per provisions of HMA

4) wait for expiry of period of one year then file for divorce by mutual consent in USA

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

There is no need to wait for completion of one year if divorce filed by mutual consent

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If you get dvorce from USA the same would not be valid in ndia , more so, because decree of divorce within one of year of marriage is null and void.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. Now we want take divorce on mutual consent in New Jercy Court USA. Is it valid in India

A divorce on the grounds of mutual consent in US is valid in India.

2. Whether we have wait for one year period, to file case in the court

The laws for divorce in US is different, yo may ask your daughter to enquire about the waiting period to file divorce in US and ask her to move accordingly.

3. What it best course of action

She can file mutual consent divorce in US as per US laws.

4. Whether we can file cheating case and put him behind the bars

No, cheating case may not be maintainable for this issue.

5. What compaction i can get

The compensations aspect has to be mutually agreed between both at the time of signing the papers for mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

when i will get replay

You have been suggested that she can file a mutual consent divorce in US as per US laws and can claim relief

She can file the divorce case on mutual consent grounds in US.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

since we are filing a divorce case in New Jercy state of USA, whether it is needed to wait for one year period or not. please put your advice.

The US laws are not strict about this one year waiting period, they can file it immediately also as per their laws.

As per Hindu marriage act any marriage with cheating are void marriage as he is having diabetic with insulin, Thyroid, low blood sugar level (36) with caused Fits, three time in a month and impotence since four years. He cheated and played with my daughter.s life.

This case cannot come under cheating and hence it cannot be annulled on this ground.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

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