• Trying to divorce someone from India

I married someone in India about 3 years ago. We were in the process of getting him a spouse visa in the U.S. when I found out he was cheating on me and everything he told me about himself was a lie. Of course I am angry and would like to him to divorce me since I spent money going to India twice for him and paid his immigration fees. He has been unwilling to do so. Is there a way to get our marriage unulled since he was basically a fraud? Or am I stuck and have to spend more money trying to divorce this fool?
Asked 8 years ago in Family Law
Religion: Muslim

11 answers received from multiple lawyers

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11 Answers

1. Well, a marriage can be annulled if fraud was exercised upon you.

2. However fraud is very difficult to prove.

3. Anyway you can file suit for nullity along with prayer for divorce on the ground of mental cruelty.

4.If he contests such suit it will take some time.

5.hence try to settle amicably and go for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. You can go for Annulment of Marriage, since he has played Fraud on you by telling lies and misrepresenting the facts.

2. You have to have sufficient proof to prove his fraud.

3. Alternatively, If you can convince your husband, you can take extra judicial route by mutual agreement of the husband & wife by going for either (a) Khula or (b) Mubarat.

4. Khula is a special form of divorce by which the wife purchases her freedom whereas in the Mubarat it is mutual acceptance of both husband & wife. The wife is bound to observe iddat period before remarrying.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

1) you can seek khula from your husband

2) since you are Muslim divorce would be governed by provisions of Muslim personal law

3) you cannot seek annulment of marriage after period of 3 years

4) you can file for divorce under provisions of dissolution of Muslim marriages act on grounds of cruelty

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Being a Muslim by religion,if you have married in India and he happened to be a Muslim too, then the marriage would have been solemnised as per Shariat law.

However if you are a foreigner then the marriage should be registered under Special marriage act.

If you have the marriage certificate then you can file the divorce case in that country itself, explore the possibility.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

1. If you have adequate evidence to prove that he has suppressed certain vital facts from you before your marriage while availing your consent for the marriage you can file a petition for annulling your marriage on the ground that he had suppressed vital facts while collecting your consent for the said marriage and had the said facts been made known to you, you would not have given consent for your marriage.

2. You shall have to file the annulment petition within one year of coming to know about the fact which he had suppressed from you while collecting your consent for the marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file a divorce case and him on the grounds of mental cruelty and desertion.

You can execute a special power of attorney deed to anyone closely known to you in India and engage an advocate through the power of attorney Holder and process& prosecute the divorce case accordingly

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You can also engage the services of an advocate directly including anyone from this forum too of your choice.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Yes,you can file and intiate the case on the basis of POA but at the time of evidence your physical presence would be required.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1)you will have to personally attend court to file your divorce petition

2) further your evidence would be necessary during trial

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1. Through Power of Attorney you can file for divorce in India while being in the USA.

2. You can hire an Advocate to do all the paperwork on your behalf in India and represent you. However your physical presence once or twice in the Court has to be there.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

1. For filing the divorce petition or the petition for annulment of your marriage, you shall have to be present in India.

2. Thereafter you can execute a POA in favour of any body in India who will represent you and attend to the court hearings on the dates of the hearings.

3. You shall have again appear before the Court while submitting your evidence before the Court personally.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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