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How can my cousin get divorce from husband staying in colombo?
13-Jul-2023 (In Divorce Law)
My cousins details: The marriage took place in Palayamkottai, Tirunelveli and registered in Tirunelveli Corporation before leaving for Colombo. The marriage took place as per Hindu customs – In a Kalyana Mandapam. The marriage details are registered in the Kalyana Mandapam’s register and later registered in Tirunelveli Corporation. a. Both are Hindus by birth and still following Hindu rituals. She can come back to India and file a divorce suit in India. he has no big financial background except his part of asset (his father’s house will be shared for 4 of his sons). How can she take divorce?
Well. from your contents it is clear that the marriage took place in India as per Hindu Law and the divorce proceedings is also subject to Hindu Marriage Act, 1954.
Your cousin can file a divorce case under section 13(1)(a) of the Hindu Marriage Act on the grounds of Cruelty in the Tirunelveli Family court itself.
She can also file an interlocutory application u/s 24 of the same act seeking monthly maintenance from him till disposal of the pending divorce case after which she can file a petition under section 25 of the same act seeking permanent alimony from him. Along with this she is eligible to file another IA under section 27 for return of her articles including the gold jewels belonging to her and kept in his custody. In this she can file a petition under order 38 rule 5 and section 151 CPC for attachment of his property or his father property before judgment quoting that the jewels are held in the custody of his father after marriage. This Requires a special talent of the advocate likely to engage for the purpose to draft pleadings accordingly.
Besides this she can file a criminal case under protection of women against domestic violence act seeking maintenance, residential rights and protection. She is eligible for filing a maintenance case under section 125 cr.p.c. also seeking monthly maintenance from him.
I know what you want to ask that how will it be possible to file a case against him if he is residing in Sri Lanka, but there is no issue on this, you may serve the summons to his Sri Lanka address, let him receive the summons and afterwards we can escalate the matter through Indian High Commission to the police station of his residential jurisdiction which will certainly make him to respond to the court cases initiated against him in India.
First of all she has to come back to India immediately.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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