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NRI Husband Legal Recourse option in India
29-Sep-2023 (In Divorce Law)
Husband is working in USA on an H1B visa with wife on H4 visa married for 1.5 years registered at New Delhi as per Hindu Marriage Act.
A separate bank account was opened for the wife to keep transaction history a secret with monthly credit <5% of his salary for expenses like grocery and personal. She was a professional at a corporate in India and took a career break for this marriage planning study overseas.
Within 2 months of marriage 1st instance of physical abuse by throwing shoes at her was done. Veiled Divorce threats if any such incidents were disclosed were a constant.
Husband was involved in adulterous activities which came to light recently with first recorded instance in 3rd month of marriage.
Other records were also found dating back to 2013 indicating Bisexuality.
On confrontation Husband threatened suicide if disclosed.
If wife decides to move to Delhi and seek Divorce what are the alternatives? What about compensation and Alimony precedents/expectations in such a case?
Dear Client
You can only file for divorce after completion of 1 year of marriage. However, you can file a domestic violence petition or if there are demands for dowry as well you may file a complaint under Section 498A (you cant seek maintenance in 498A). I would suggest, you should file a complaint of domestic violence against your husband, seek residence order, maintenance and other reliefs in the same petition. It is of quasi civil quasi criminal nature thus he would be summoned to appear before court but would not face issue of arrest etc as is the case with 498A. After completion of a year of marriage you can file for divorce or not depending on your strategy . Please feel free to discuss your matter in detail over call or you can fix a meeting withe me.
You can only file for divorce after completion of 1 year of marriage. However, you can file a domestic violence petition or if there are demands for dowry as well you may file a complaint under Section 498A (you cant seek maintenance in 498A). I would suggest, you should file a complaint of domestic violence against your husband, seek residence order, maintenance and other reliefs in the same petition. It is of quasi civil quasi criminal nature thus he would be summoned to appear before court but would not face issue of arrest etc as is the case with 498A. After completion of a year of marriage you can file for divorce or not depending on your strategy . Please feel free to discuss your matter in detail over call or you can fix a meeting withe me.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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hello client hey.i have read Ur query as per which Ur husband is involved in adulterous activities. as Ur husband is also given u the threats tht he will commit suicide if any of the things are been disclosed to any one .in this matter you file a case in Delhi through which all you alimony as well as full compensation will.be awarded to you along with the monthly maintenance will also be given to you.but you have two do it with the help of an good advocate so you are able.to take good decision and good legal.step .thanks
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Hi she can tell the court everything what proof and all she has against the husband and all she can tell the court also about the activities of the husband with all the proof and all if she wants divorce that’ depends and all first she needs all the proof and all against the husband and all they she can go ahead with it
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Namaste!
In the current case, the wife could easily seek for alimony if she files for divorce in an appropriate court of law having adequate jurisdiction over the concerned matter. I would be glad to assist with the case at hand. Feel free to get in touch.
Regards,
Advocate Kavita Chanan
In the current case, the wife could easily seek for alimony if she files for divorce in an appropriate court of law having adequate jurisdiction over the concerned matter. I would be glad to assist with the case at hand. Feel free to get in touch.
Regards,
Advocate Kavita Chanan
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Adv. Kavita Chanan
Delhi | 25+ Answers
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Hi there,
As you've mentioned numerous instances where there appears to be apparent infidelity, it would be of immense legal strength if you have any proof of information of such claims. This would strengthen your position whilst seeking divorce at Court.
As you would be well aware that the Supreme Court has recently ruled in September 2018, a progressive judgment decriminalizing homosexuality and it appears that the husband is engaging in such activity. Whilst being homosexual is not a crime, but deceiving someone into believing that they are straight while being a closeted is most misleading and leads to the detriment of both family members.
This case is absolutely fit for compensation and divorce can be granted in favour of the wife. Further details would of course be required to proceed with the same. Do feel free to touch base to guide you effectively.
As you've mentioned numerous instances where there appears to be apparent infidelity, it would be of immense legal strength if you have any proof of information of such claims. This would strengthen your position whilst seeking divorce at Court.
As you would be well aware that the Supreme Court has recently ruled in September 2018, a progressive judgment decriminalizing homosexuality and it appears that the husband is engaging in such activity. Whilst being homosexual is not a crime, but deceiving someone into believing that they are straight while being a closeted is most misleading and leads to the detriment of both family members.
This case is absolutely fit for compensation and divorce can be granted in favour of the wife. Further details would of course be required to proceed with the same. Do feel free to touch base to guide you effectively.
Helpful?
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Adv. Anuj Nair
Delhi | 200+ Answers
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