Divorce - Indian citizen living in USA
My sister lives in USA pensylvennia. She has got married 6 years ago. She is a victim of domestic violence. She has filed a complaint against her husband and she has got protection from abuse orders from court. She has 5 year old daughter born in USA nd her custody has given to her for 3 years as per USA child custody law. She is not working in USA. She is on dependent visa. She wants to file divorce case now in india. Could any one help me how far those protection orders, police complaint documents Will help her for divorce case in india. He drinks, caught by police couple of times in USA and his license has suspended for 120 days in 2012. Again in 2015 police dropped him at home for public drinking. We have got all these evidences however he is not agreed to divorce my sister. She is right now with women abuse centre in USA. She is worried that if she comes back to India, his parents may kidnap her daughter to take revenge on her as they live quite close to my parents city. Please someone can advice me what r the chances for her to get divorce and how long will it take. We don't know where he will work when he comes back to India as he already planned to change his job so how to send court notices to him if we file divorce case. We know where his patents live. Please someone can assist me. I heard divorce in india can take up to 3 to 6 years if it is not mutual.
Asked in Family Law from United Kingdom
1)the protection orders , police complaint documents will help your sister in making out case for mental cruelty against her husband
2) contested divorce take around 5 years in india
3) mutual consent divorce takes around 6 months
4) your sister can file for divorce in USA as both parties have resided in USA after marriage .
5) further in USA she would get 50 per cent of her husband assets acquired after marriage
6) if her husband participates in divorce proceedings in USA divorce decree would be valid in india .
1. The complaints filed by her and the protection orders obtained by her in US will help her for sure in proving the legal grounds for divorce in India. She is at liberty to apply for dissolution of marriage in India on the ground of cruelty.
2. If his parents kidnap her daughter then she may move the HC which can set the daughter free on the first hearing.
3. Due to the humongous pendency of cases in Indian courts the disposal takes time and so it is likely to take around 2 years subject to the backlog of the court concerned.
1. She can file div ore suit in India .
2. She can file case for maintenance under PWDV Act wherein the quantum of maintenance would vary from 1/3 to 1/5 income of her husband.
3. She can file suit for permanent injunction so that the child may not be forcibly taken by her husband, in laws or thier men and agents.
4. Send divorce notice to his residential address.
contested divorce in India takes 3 years or more for disposal.
For sending summons, his present address can be given in the address for summons, if it returns undelivered then the summons can be sent to his parents address in India.
For kidnapping fears, she can make a complaint before superintendent of police and can seek for protection agaisnt the possible atrocity.
The evidences of his cruel act in US may be drafted in the petition pleadings for divorce.
Contested divorce takes time. Your sister may file the divorce case in India and summon can be sent to him on his last known address.
She may file a domestic violence case against him and also claim protection from Indian court too.
If there is any apprehension for child safty then the court has power to protect both of them.
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Advocate, New Delhi
1. Your sister uis an Indian citizen who married in India as per Indian Law,
2. She can file a divorce suit bin India on the ground of cruelty for which she can submit all the evidence of cruel action on her by her husband in USA,
3. Her husband will be served with the Summons and if he fails to appear on the dates of hearing the divorce may be decreed ex-parte,
4. As regards her apprehension of getting kidnapped by her in laws, she should lodge a police complaint well in advance about her such apprehension and she and her family members should take up the matter with police in case she is found to be disturbed by her in laws.