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Divorce for my sister when husband is not co-operating


17-May-2023 (In Divorce Law)
The marriage of my sister-in-law was done more than 3 years ago through shaadi.com. Within few days of marriage she fell victim of teasing, mental and physical torture for bringing inadequate dowry. She was never accepted with love and dignity. Her husband works in USA and they now have been living separately for more than 3 years. We filed a case for cruelty and harassment against him and his family but the case has been dragging on for long, made more difficult due to him being a NRI. Now we don't want to pursue this case, and for future of my sister want to get a divorce. His family wont agree for mutual divorce easily and blackmail for further money. So we want to file one-sided divorce. 1) He was prosecuted in USA once for soliciting prostitutes once after marriage. 2) Living separately for more than 3 years. 3) He and his family always treated her cruelly. Now our only concern is to get divorce as soon as possible. What are our option and how long divorce will take.
Answers (5)

Answer #1
514 votes
Hello what is a stage of of your case and any born issue In her marriage and u may file a divorce in hindu marriage act ground of dissertation ..

Answer #2
508 votes
Dear friend,
Understood your problem. Did she ever go with him to US? The case can be easily taken up by her. Have faith in me.
We shall try to do as early as possible.Meet me personally and I shall explain you in detail.
Answer #3
600 votes
Yes, divorce on merit takes longer time. Your sister has to go through all the proceedings to get the divorce. Plz make him understand and go for the mutual divorce as this is the only speedy way to get relief from all the hassles. Thank you.
Answer #4
762 votes
Above facts​ r not sufficient to give right advice, it will be better to have consultation face to face so that proper n valuable stets b taken after going through record of previous litigation.... Thanks .
Answer #5
768 votes
Your case requires detailed discussion and acting in accordance to proper legal strategy to achieve your goals. Now under your facts and circumstances, you may approach courts in India & file a regular/contested case of Divorce under section 13 (1) of Hindu Marriage act ( Considering you are a Hindu & marriage was solemnized under provisions of Hindu Marriage Act), and other relevant statutes, in case marriage not solemnized under HMA. In the event Husband does not come to contest the case he may be proceeded Ex Parte, and you you may be able to secure Ex parte Divorce. Now I do not understand how and why Husband & his family are demanding money since if they also want to get rid of cases, Mutual consent helps them. You say Husband is in USA, you get try getting him extradited to India, under your 498A police case. For more specific advice you may contact me with specific details of your case.

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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