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.

Feel Free to Call

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.