• How to get divorce at the earliest

I am originally from Ajmer but currently based in Dubai. Got married in Gandhinagar, Gujarat in March 2014 but since then have been staying away from my husband for more than 3 years now(not in same home). At time of marriage i was told that I would get visa for US and will be called there but till date only false promises. He and his family members carry US passport. I want to get divorced legally at the earliest, get my streedhan back but they are not answering calls nor travelling to India. I would also like to know if any fraud case could be filed. I want to know proper procedure in order to get out of this marriage as I would like to settle down with some one else.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

If you have married as per Hindu Rites and Rituals then you can file a divorce case at the place where you two last resided together.

You can also file case claiming your stridhan in addition to this you can also claim alimony

You can also register an FIR if you think that they have played a game with you.

Moreover, you can also talk to your husband and ask hime for mutual divorce, this will be convenient for both of you

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) file for divorce on grounds of mental cruelty in Gujarat wherein your marriage was solemnised

2) seek alimony from husband

3) return of your stridhan

4) if husband does not contest divorce proceedings you would get divorce within period of 1 year

5) you can also file DV case against husband seek right to stay in matrimonial home , compensation for mental torture undergone by you, maintenance etc

6) you ca also file police complaint under section 406 of IPC for return of your stridhan

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

1.It appears you are duped or he has changed his mid about you.

2.So without any further delay lodge a complaint u/s 498A,406 IPC agaisnt him to get bck the ornaments.

3. Then file a case under PWDV Act claiming maintenance, compensation and damages.You would be entitled to maintenance @ 25% of his income.

4. Then file a suit for divorce on the ground of mental cruelty and desertion.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1. If you want to get divorce at the earliest then convince your husband to file for mutual consent divorce which is the fastest and only hassle free mode in India to dissolve a marriage. It takes only 6 months in mutual divorce to get the decree of divorce from the court, as opposed to contested divorce which is time consuming and the result is also uncertain. In mutual divorce the spouses have the liberty to agree on all issue such as permanent alimony, etc. If he does not agree to mutual divorce then you may on your own file a petition for dissolution of marriage in the competent court in India.

2. No case of fraud is made out though in the given facts and circumstances.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1.File for Restitution of conjugal rights U/s. 9 of Hindu Marriage Act.

2. If he doesn't join you in marital life, based on favourable RCR order, his refusal to co-habitate itself can be a very good ground for you to go for divorce.

3. Or else, convince your husband to accept the Mutual Consent Divorce route, wherein the process will be less stressful and you can save time, effort and money and couple can move on with their lives just after 6 months of filing for divorce and also Mutually decide on return of articles, rightful division of finances and assets, agreement over maintenance or alimony to be paid to the spouse, custody of children, etc..

Shashidhar S. Sastry
Advocate, Bangalore
5394 Answers
329 Consultations

If you want so, you could file a divorce case in Dubai as well. Misappropriation of Stridhan by the husband's side is a crime punishable by the provision of law described in IPC Section 406 ("punishment for criminal breach of trust"). However, to do so, you will have to file a police complaint in India.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. You can lodge a police complaint in India alleging that your husband and his parents have committed a fruad by marrying you after taking huge sum of money towrads dowry and thereafter your husband has left for USA and have refused to take you to his house at USA.

2. You can also file a 498A and 406 of IPC complaint for dowry harassment and also taking away your streedhan to USA against your wish.

3. You can simultaneously file a divorce suit against your husband on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

You cannot file a case for their fraudulent activity but you can approach court seeking RCR and after her refusal to join you back even after court's decision you may look for other legal action in this regard.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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