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How to file a divorce when my husband is in US and not coming to India


01-Jun-2024 (In Divorce Law)
Hi , Initially my husband wanted a divorce but i was refusing becuase his reason was we are two diff person with different nature and i was not able to digest this as we knew this thing before our marriage. I waited for year and now want to file divorce. But he is not coming to India because all my Jwellery is with his family and if we get divorce they have to return it. Please help how can i file divorce and get all my Jewlery back. FIR is already filed in Mar 24 but police is not helping much.
Answers (4)

Answer #1
817 votes
As per the amendment in Section 19 of Hindu Marriage Act on 23 Dec 2023 u can file the divorce petition from the place of ur residence .The summons can be sent through e mail with a copy of receipt and from the embassy .If he does not appear then the court will order for exparty divorce in ur favour. For recovery of ur jewellery there is a procedure laid down as the offence of misappropriation of stredhan comes under section 406 which is a non bailable offence for this u have to seek help from the govt to get him back for investigation and facing criminal proceedings. Contact me for help.
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Advocate Ashutosh Patel

Adv. Ashutosh Patel

LawRato Jabalpur | 400+ Answers
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Answer #2
737 votes
File Divorce petition, the court will summon your husband wherever he is, through appropriate process. For the return of jewellery, you may file application under Domestic Violence Act, or continue with the criminal proceedings initiated by you, or you may file civil suit.
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Answer #3
923 votes
Firstly- yes you can take divorce on the grounds of as your husband is living in abroad. Secondly- jeweland other valuable given to women before, during, or after marriage are considered stridhan. you have absolute right on the jewelry. Thirdly- since you have filed F.I.R now police will investigate the matter. I'll suggest you to take regular follow up from them. Please feel free to contact further for any inquiry. Thank you.
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Advocate Pravesh Sobhani

Adv. Pravesh Sobhani

LawRatoBhopal | 25+ Answers
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Answer #4
776 votes
you need to discuss it in detail with all the other acts too, it is not an issue if he is in any civilized country. I have done this earlier, with success. it is little tricky and time consuming but it is not impossible.
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Advocate Avinash Goyal

Adv. Avinash Goyal

LawRatoBhopal | 50+ Answers
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