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Married in India, filed for divorce abroad
18-Apr-2026 (In Divorce Law)
Married 2 years ago in India, later moved to USA. Husband verbally abused me, gave no financial support, and his family frequently interfered and spread false information. I handled all household work but was pressured and humiliated. He left the home, initiated separation, and filed for divorce in USA. I have a PWDVA case in India. I want reconciliation as we had good moments, but there are ongoing anger issues and family interference. No maintenance or contact currently. should i go for BNS?
since you have already filed DV you can file an application for maintenance in that proceeding itself. Regarding the divorce filed In the USA you can challenge its jurisdiction because you got married in India so the divorce won't be valid and if you're seeking mediation the court will itself give you the opportunity. I won't suggest advice initiating BNS as it may lead to multiplicity of proceeding. Strengthen your DV matter.
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Adv. Areeb Ansari
Adv. Areeb Ansari
Mumbai | 25+ Answers
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Since the marriage happened in India and you have a case there, Indian laws (including PWDVA and BNS) can still apply to you, even if you are in the USA or he filed divorce there. But enforcing orders across countries needs expert handling.
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Adv. Santosh S. Gaikwad
Adv. Santosh S. Gaikwad
Navi Mumbai | 50+ Answers
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Hi
You can refer this matter for mediation and take a chance to settle through amicable settlement
High court trained mediators like can help you out in this
We can find out best solutions from discussions and meetings through VC or through a family member in India
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Adv. Susmita Jagtap
Adv. Susmita Jagtap
Pune | 50+ Answers
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your case is quite messy, you cannot file for bns as you were not in India when the abuse happened, also the divorce filed in the USA will not be valid in India as it will be a foreign judgement that too of the country of USA which has different law than India, so your husband needs to file for declaration suit on the basis of the divorce granted in the court of USA, oppose seperation, seek maintenance, get the interim maintanence order, if he is not paying anything, seek arrest warrant and look out circular against your husband in India
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Adv. Moksh Jain
Adv. Moksh Jain
Mumbai | 100+ Answers
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N Filing a criminal case under BNS (earlier 498A-type cruelty) is a serious step and should be taken only if you are clear that reconciliation is no longer possible. Since you have already initiated proceedings under the Domestic Violence Act, you can seek protection, residence, and maintenance through that forum itself. If your intention is reconciliation, you may consider mediation or counselling rather than escalating the dispute criminally. However, if the cruelty, abuse, and abandonment are severe and continuing, you may initiate criminal proceedings in India, which can also put pressure on the husband despite the USA proceedings. Strategically, decide whether you want reconciliation or litigation, as both paths require different approaches.
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Adv. Pragati Patil
Adv. Pragati Patil
Thane | 25+ Answers
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