• Husband abroad, wants separation and divorce after one year

When husband got abroad work opportunity, took me there with dependent visa and after 10 days he asked to live separate and sent me back to India in next 5 days. Now he says he want one year to figure out and settle down and divorce to be applied after one year.
Asked 4 years ago in Family Law
Religion: Hindu

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27 Answers

Hello,

Please tell as to what action you want to take?

Divorce can only be taken after one year of the marriage

You may file a case of harassment against the husband and his family if you want.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1.Well, its not clear what is your prerogative when your husband seeks divorce from you. If you are also willing to dissolve the marriage then go for mutual divorce after talking permanent alimony.

2. If you don't wish to give him divorce and feel cheated and abandoned by his weird act then don't agree for mutual divorce and fiel a case under section 498A ipc.

3. That apart file case under Pwdv act also claiming monthly maintenance from him. The amount of maintenance wouldn't be less than 1/3-1/5 of his present income.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You need to file Restoration of conjugal rights under section 9 of Hindu Marriage Act immediately Hindi family court citing the reason that your husband has send you back from the overseas without any valid reason he has to respond on the notice Restoration of conjugal rights and you can file maintenance case as well in case you face any problem you can go to local police station and file a case of harassment and 498 a under IPC just wait when he files divorce petition and then take the actions accordingly .

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

File petition for RCR in India and seek maintenance from husband

2) if husband files for divorce contest divorce proceedings

3) contested divorce proceedings take 5 years to be disposed of

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

In any case, divorce is permissible only after your marriage gets one year old.

It is advisable that you file a petition for restitution of conjugal rights since you have been deserted and abandoned by your husband without any just and sufficient cause.

Also, seek maintenance from him.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

So what you want to do basically.?? You want divorce stay with him??

See judicial separation is on grounds same as divorce and has to be contested in court.under hindu marriage act section 10 the judicial separation is mentioned, under this court gives a separation decree though divorce can be contested after the decree.

10. Judicial separation.- (1) Either party to a marriage, whether solemnized

before or after the commencement of this Act, may present a petition praying for a

decree for judicial separation on any of the grounds specified in sub-section (1) of

Section 13, and in the case of a wife also on any of the grounds might have been

presented.

(2) Where a decree for judicial separation has been passed, it shall no longer be

obligatory for the petitioner to cohabit with the respondent, but the court may, on

the application by petition of either party and on being satisfied of the truth of the

statement made in such petition, rescind the decree if it considers it just and

reasonable to do so

if you donot want seperation than you send a restitution of conjugal rights notice to your husband if doesnot respond apply under section 9 for restitution. You can also seek matrimonial counselling with the help of court.

kindly tell your query precisely i will answer accordingly or you can call for further assistance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

So, you want divorce?

Habeeb Imran Al Hashmi
Advocate, Hyderabad
18 Answers
3 Consultations

4.0 on 5.0

1. It is important to know as to what do you want now/

2.Do you agree to give him divorce or refuse it.

2. If yes, then jointly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

3. If you do not want to give him divorce, lodge police complaint of dowry harassment u/s498A of IPC starting from India to his place of working abroad, file DV case and also file an application under section 125 of cr.P.C. seeking maintenance from him.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

It fully depend upon you, Whether you to want to continue with him or separated.

If you want to continue with him , then you should file a case against him for the Restitution of Conjugal Rights under section 9 of Hindu Marriage Act.Court will summon him for the same .

Otherwise, if your husband not cooperate with you in any way, then you have number of tools to teach him lesson.

You can lodge a complain against him or his associates , who is creating problems in your matrimonial life, before the CWC of your area. The official of the CWC direct him to appear and if not appear to resolve the matter in dispute , then your complaint will turn into FIR under different sections , like 498A.

You can also file maintenance case against him as malafidely he deport you India from abroad.

Finally, against your will your husband cannot get divorce from you.

Mohammed Shahzad
Advocate, Delhi
9920 Answers
121 Consultations

5.0 on 5.0

Better you file a suit for restitution of conjugal rights under section 9 of Hindu marriage act if you want to live with him. This will give you upper hand over him when he files divorce case as this will be decided first even if he files for divorce.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

What do want is important, there are ways to leave or if you want to stay with him?

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) you can make complaints against him in India under women cell un the police station and online on website "National Commission for Woman". National Commission mostly work for women's who have dispute with their NRI husband.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello mam, you can initiate legal proceedings against him at your native place in INDIA .. it is advisable to file maintanace application under 125 Crpc and a complaint of domestic violence in court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Madam,

If you want you can apply for divorce but you are not qualified for divorce at this initial stage of marriage unless you have special grounds as enumerated in the Law. Better wait for 1 year and go for mutual divorce with sufficient alimony, without any hurdles.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi madam,

Yes you can go for divorce as per section 13 B of Hindu marriage act 1955 through mutual consent after one year of your wedding..!! And madam even if you want to get separated from him you can ask him permanent alimony and come out of that knot or else if you want your husband you can file several cases on as claiming for conjugal rights, maintenance etc..!! Do call me for effective details

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Yes, give him an ultimatum for reconciliation and for restitution of conjugal rights, by sending a legal notice to him through a lawyer.

Yes, if he doesn't responds, file a case here for restitution of conjugal rights.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Yes before going to.court try resolving for last time between you two, also you.can give a notice of restitution and counselling without going to court if refuses file before Hon'ble family court for restitution.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can request your husband to reconsider his decision

2) if he refuses file for RCR

3) court would refer parties for counselling

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Yes give him ultimatum and see

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

If you give him ultimatum chances of him filing divorce Case before you file RCR suit is more. Once you file RCR even if he files objection court will refer matter to mediation and most times cases get sorted out in mediation.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Since you clearly want to save your marriage, you can file for Restitution of Conjugal Rights. I, however, would advise you to not give him an ultimatum per se and directly file the case as otherwise he would file abroad and obtain a Divorce before you can file your Petition.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

When husband got abroad work opportunity, took me there with dependent visa and after 10 days he asked to live separate and sent me back to India in next 5 days. Now he says he want one year to figure out and settle down and divorce to be applied after one year.

What is the reason for seeking divorce.

You can refuse to give divorce if you are not willing to the proposal.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You can file a RCR petition even now if you feel that he is separated and may never wanted to rejoin you.

Agreeing for divorce is not an advisable move,if you have decided not to break up this relationship.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. Has he fallen for some one else?

2. What is the point in giving him ultimatum for reconciliation? Is he waiting for it from to reconcile with you? Reconciliation in marriage can not be forced upon and no body can be forced by the Court to stay with his/her wife/husband if he/she does not want to.

3. He/she can be forced to pay compensation for damaging other's life and directed to pay maintenance if the wife (very rarely husband also) ids not capable of financially maintaining herself.

4. Court can direct counselling which he can attend and refuse and in that case the counselor will report that counselling has failed.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Try for reconciliation and include elders in the family to solve it peacefully. If it still doesn't work out you can go for filing RCR restitution of conjugal rights.Yes, court can refer to the martial counseling.

Habeeb Imran Al Hashmi
Advocate, Hyderabad
18 Answers
3 Consultations

4.0 on 5.0

You can file Divorce if you have one year of separation. If he doesn't come to court you will get exparte divorce.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Yes you can give him an ultimatum by means of a legal notice

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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