Engage a lawyer for drafting petition for divorce by mutual consent 

2)  consent terms should provide for alimony to be paid to you , return of your stridhan, custody of your children etc 

3) ask your husband alimony he is willing to provide you . If offer is not acceptable to you then you can file for contested divorce 

You may file a petition for divorce by mutual consent at the district (family) court in the place where you live now. Your husband may file the joint petition either in person or through his power of attorney-holder.

If you are married to him as per Indian marriage laws, then yo may be eligible to claim maintenance amount alone in India.

If you own any property jointly with him, you can claim your share in the jointly owned proeprty as a right.

In India, both the parties to the marriage have to sign the proposed divorce case papers to be filed on the grounds of mutual consent.

If you both plan to get divorce on mutual consent then you can file the divorce case there itself and along with you can sign a post nuptial agreement with him by adding the terms and conditions for sharing the assets belonging to both, acquired  post marriage.

You can consult an attorney in UK if you live there  and get a post nuptial agreement drafted as per UK Laws.

Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :-

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc., and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .

- Hence, if your marriage was solemnized in India or abroad but under the Hindu Marriage Act/Specail marragie Act , then you can claim the above-mentioned cases against him 

- Further , as he is living abroad , then you can file a divorce petition in India , if you wanted to get divorce from him.

You can file the same in India if you are in India and get him served the notice at UK

Hi,

First of all don't forget to draft an MOU before approaching for the #Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce #future legal complications,

some basic points to keep in mind and put in writing through an #MOU before filing the #petition for mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), #quash/withdrawal of pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, #streedhan, #future litigation, etc.

“The amount of MAINTENANCE/ALIMONY/SETTLEMENT depends upon various factors such as the earning capacity, educational status, Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage, etc"

Dear client, 

If your husband does not agree to the divorce then the case may go to court. In India, the courts will usually divide assets and give some to the wife as well. If not, you will still be entitled to receive maintenance from your husband. You can also legally ask for maintenance even before the court gives its decree. 

Thank you.