Can I file divorce case if husband is in US


This guy married me in Nov 2014 and ran off to US after month for his work. He never came back even after a year. Finally we caught him when he was here on some official work. I tried committing suicide then and was in hospital, later he promised to take me and again left to US no communication form past 6 months again. i have filed a divorce case and a DV case on them, but they are not responding properly. Can i file as 498A fraud case on him for cheating. Also i have claimed Rs. 20 Lacs on marriage expenses and 35k per month maintenance, can that be ordered to me

Answers (2)


55 votes

Yes that can be ordered to you. Maintenance is ordered as per the financial capacity of husband and the social status. You can file a case of cheating on him. Considering the facts provided by you, the case is in your favour.

167 votes

If your husband is absconding, you can file a criminal complaint. You can also file a case under Section 420 of the Indian Penal Code for cheating. In the divorce case, try to send the Notice to him - if he is absconding then you can seek an ex-parte divorce decree. If Notice was returned as "un-served", then you can take a hand summons and deliver it to him in person. But for alimony and maintenance, if he does not come to Court, then you have to prove his income and also that he is capable of paying you the money to convince the Court to grant maintenance.


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