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Can NRI wife file for divorce from abroad, what is the procedure


13-Jan-2023 (In Divorce Law)
I married NRI and live in Tucson, Arizona, United States. i got married in India under Hindu Marriage act. My husband is very short tempered. He argues endlessly on small things and if I dont agree with him, he gets heated up and says he would commit suicide or divorce me. Ultimately i give up and say he is right, i am fed up of his behaviour - I want divorce. Can i file divorce based on cruelty while still in USA? Also can i live and work in USA till my divorce is completed? I am in USA on dependant visa, my husband can revoke my visa if we wants. Can I stop him from doing this?
Answers (4)

Answer #1
829 votes
If your marriage is registerd in India, you have initiate proceedings in India. Yes, you can continue work work from US and legal lroceedings can continue. Regarding the last query on revocation of VISA, we need to discuss some issues. Its better if we can make a tele-video call to strategise and then decide.
You can get my details from Lawrato. Feel free to contact. We will definitely sort out something.
Answer #2
947 votes
Yes you can but it is better if you file it here. Your husbands behaviour tantamounts to domestic violence and even you can file maintenance if you are seeking alimony or payment from him.Moreso even if you are earning or may be earning more than him you can still claim maintenance. Further discussion in detail is necessary to guide you better.
Answer #3
969 votes
I don't know whether you are belongs to Hindu or not. but for your submission it has revealed that both of you are by faith Hindu. As the marriage in between both of you solemnized according to Hindu Rites and Customs, then my opinion is to file a joint Petition U/S 13B of H.M. Act in India.
Answer #4
625 votes
Madam since you got married in india your divorce case is to be initiated in india not in abroad yes your husband can do little mischief but not to worry after you get divorce or initiated proceedings then he will not be able to do anything against you further you may consult me over phone for other queries

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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