How to get a divorce in India, do I need to be in India?
I am an American Citizen who was married under the Special Marriage Act to a citizen of India from Gujarat. I am not a person of Indian Origin (not from India, have no relatives from or in India etc.).
I didn't want to do the marriage in the first place and was told that I would be killed if I did not follow through with it. The man whom I was "forced" to marry has lied to me about everything (from inheriting property to having a son, to his sister being pregnant, to owning his own home, the list goes on and on and on). He has threatend to kill me on numerous occassions, he hit me, punched me, kicked me, bruised my ribs, choked me, smothered me, stole my money, stole my credit cards, threatened to put drugs in my luggage if I tried to leave India, refused to take me to the airport so I could leave India.
I was unable to file an FIR for a few reasons, one I was afraid if the police took the FIR and didn't put him in jail, he'd kill me, two the police in Gujarat could not speak English (Ahmedabad is where I was the vast majority of time). As time went on I found out he was telling his parents that I was bringing him to the USA (he would be the last person I'd bring to the USA). I finally was able to escape India by verbally agreeing to him that I'd bring him to the USA and telling him I had to work in the USA for a year to bring him over. As we all are aware there is no guarantee that the USA will allow anyone to come to the country, furthermore why would I bring someone who has tortued me for 2 years?
He is now constantly harrassing me via email. He is threatening to tell my family lies about me. He wants to know where in the USA I am living. I refuse to tell him for safety reasons and because the district attorney of my state and the police advised not to. I CAN NOT file a police complaint in the USA because the incidents happened in India.
I need to get a divorce. If I go to India I am afraid he will hunt me down and kill me. If I bring a friend with me to India to help protect me how would I file for a divorce? I read that I probably could do it under section 498A.
Would the police help if I reported all that he's done to me. I was told that I can file an FIR at the Indian embassy here in the USA but the case would be "hindered" due to the fact that they'd have to send the FIR to India from the USA.
I don't want to be in contact with this man any longer, I want him to leave me alone. I don't want to and never wanted to be married to him
Yes it is a valid marriage, granted by the courts in the city of Ahmedabad Gujarat by a judge. It wasn't just doing the circles around the fire thing. I've got the valid marriage certificate the court granted with me. He has copies as well.
Any advice would be great. Not sure if this should be under family law or criminal. Sorry if I placed it under the wrong one!