If you are presently living in India then it is not possible for you to fly to USA and file a divorce there,

You can file a divorce here and you can lodge and FIR against him. Also if police refuses to register an FIR then you can file a complaint before magistrate directly.

Regards

Hii, after filing divorce petition you have to contest the case.. You presence will be required for the trial , as you are petitioner .. If he also agree for divorce you can file a divorce petition, on mutual consent..

In case you don't appear before court after filing divorce petition , your petition will be dismissed ..

you will have to mark your presence on the first day and then you can make someone appear through the power of attorney, but presence on first day is mandatory, and on an average a divorce case takes 1.5 to 2 years to be decided if all the hearing takes place on time.

He can not sell the property behind your back that belongs to you, if you feel that he is a threat to your life you can file a petition in the HC to seek security.

Regards

you can file for divorce on grounds of mental cruelty in Mumbai

2) husband assaulting wife amounts to cruelty

3) rely upon various police complaints filed by you

4) you can go to USA

5) your lawyer can send divorce papers to you . get it attested before Indian consulate

6) execute POA in favour of family member for filing

1) you need to execute POA in favour of family member to appear on your behalf in family court

2) as mentioned earlier your lawyer can send divorce papers to you for signature and you can file it through POA

3) your personal presence would be necessary during trial

4) your husband cannot sell property in your name without your consent

Dear Querist

my opinion on your queries are as under:-

understand that the petition needs to be filed in Mumbai, but Do I have to be physically present at the time of filing ?

Opinion:- you may execute a power of attorney for filing and fighting the case and your attorney will be able to fight your case on behalf o you.

Your personal physical presence will not be required

do I have to got to court with the lawyer?

Opinion:- No, as mention above

is it possible for the lawyer to submit it with my signatures on my behalf if I give my power of attorney.. So my choices are 1) I sign the petition in mumbai and catch the next flight out, or I can I have a lawyer send me the petion to sign in the USA and I can sign and send it back to file. When will he receive the petition how many days does it usally take?

Opinion:- either you can go USA after filing the divorce case or if you want to signed the documents and send to lawyer from USA then you have to notarized the same from USA. After receiving the documents it's take one day only.

the turn around time basically when will he find out trhat I have filed for divorce I can always fly down to Mumbai for the court dates or whatever. How many court dates does an average divorce have?

Opinion:- there is no specific time but your personal presence will not be required in Mumbai Court.

. My concern is my safety, because he is capable of doing a supari on me. So I want to be the least amt of time in mumbai. If the court requires me to come down I will have to plan it carefully.

Opinion:- no need to worry, you can fight the case without coming to Mumbai.

What happens to the property on my name does he have any access or rights to it. Can he sell it behind my back if Im not here?

Opinion:- no he can sell the property, you may file a civil suit for injunction against him before the family court in which your divorce matter will filed and demand an injunction order against him.

Feel free to call

you cannot file divorce case from usa if husband is living in india because

1. cause of action has arised in India

2. marriage was solemnised in india

3. defendant (your husband) is living in india. according to section 20 of the cpc a civil suit shall be filed in the court to which jurisdiction defendant resides.

1. Next time he assaults you, go to the nearest Govt. Hospital or Govt Doctor and obtain a prescription/certificate stating that you have been assaulted by some one.

2. Thereafter, lodge a detailed police complaint enclosing the copy of the said medical report of assault on you.

3. After few days, send the copy to the local DC/SP also who is in-charge of the police station of your area.

4. Now, you can file an application praying for an order restraining his entry in to your house. This way you can evict him from the house which stands in your name otherwise, it will take years for you to evict him later on by filing an eviction suit.

5. You can now file a writ petition against police inaction before the High court and pray for justice and protection from police.

6. Thereafter file a divorce suit against him on the ground of cruelty and also a DV case against him.

7. Execute a POA in favour of any of your relative or friend for handling your said cases in your absence.

8. You can then leave for USA and your POA holder wiil pursue your case.

1. No lawyer will file the suit in Mumbai when your passport will show that you are not in India. Divorce suit can not be filed by the POA holder. You can file the suit in the morning and then leave India at night. For filing the suit, you won't have to be present at the Court and your lawyer's clerk can file the same.

2. He will receive the copy of your said plaint with Court Notice after around 1 month of its filing when you shall be away.

3. The time for disposing of the case will depend on many factors like load of the Court, delay tactic followed by the opposite side by taking adjournments etc. So, it is not possible to anticipated how may hearings the case will take to be disposed of.

4. At the time of giving evidence, you shall have to personally appear before the Court.

5. Before filing the divorce suit, you shall have to ensure that your husband is restrained from entering in to your flat by filing an application before the Court after lodging police complaint as explained in my earlier post. Once he is kept out, you can lock your flat and leave or sell it of to a third party for which you won't have to take any permission from your husband.

You can file a divorce case on the grounds of cruelty through a power of attorney agent also.

You may have to visit the court in India during the deposition of evidence.

You can remain in USA and monitor the case very closely with your lawyer and your POA agent

You cannot file the case without appearing before the court.

You should appear in person or through a power of attorney agent.

Your lawyer cannot be your lawyer and a power of attorney agent also.

He can perform only one job.

The property in your name shall remain however you can be careful to not leave the title documents with anyone here in India.