Continue to LawRato.com with Google


Procedure to file divorce from out of the country

 currently on a project in LA, USA. I found out that my husband back in Delhi cheated on me with multiple people. I want to file for divorce but I don\'t want to leave my job here. We have four properties, three of which are in my name and I have paid for it with my cash, but the legal papers are with him. Can I file for divorce from here and also obtain the legal papers? I am a Hindu

Answers (3)

Yes you can under the Hindu Marriage Act. If your husband is also ready for a divorce you may file for a mutual divorce under section 13 of the Hindu Marriage Act. You have the option of entering into a settlement agreement with respect to the same and state the terms of division of your property in the agreement.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

It’s really very sad that u have to face such problems in ur wedlock, my sympathy is with u n i will like to update u that without coming to india u cannot file divorce case against ur husband. N as far as legal papers of ur property r concerned we can obtain them with the orders of court.

Popular Divorce Lawyers

Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
18 years Experience
Advocate Preeti Joshi
District Court, Gurgaon
10 years Experience
Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience

Yes you can file from USA via a power of attorney in favour of any relative/friend through whom you would wish to pursue the matter here. However, I suggest that you do not file a divorce petition since your husband would naturally contest it. Its advisable that you file a complaint under Protection of Women from Domestic Violence Act, 2005 seeking return of your documents, any other stridhan or property and even maintenance. Once he appears in the domestic violence complaint, you may get the matter referred to mediation and get him to agree to get a mutual divorce (which is the fastest way to get a divorce in India), get your original documents back and seek a favourable settlement once and for all.
However, it is important that you should gather some of his chats, emails, letters etc which can prove adultery or illicit affairs.
You may contact me through Pathlegal for a detailed discussion. I expertise in matrimonial law and would be able to guide you to suitable relief

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
Fixed Price Rs. 999
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Fixed Price Rs. 19999
Work with a local experienced family advocate to guide you through your court marriage.
Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
File for Mutual Divorce

4.8 | 241 ratings
Fixed Price Rs. 25000
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Fixed Price Rs. 9999
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

Sir my brother marriage got married 8mon ago and her wife is torturing her every day for money. When the marriage was getting fixed my brothers father…

Read More

dad self acquired property. Me only child Hindu arranged marriage 4+ yr. Me educated but poor pay. My wife's family after my father's property…

Read More

I have chatted with my ex girl friend for a week or so even after marriage in my wife absence because of certain compulsion from latter. Later on i to…

Read More

i have come to know that my wife has relationship with his friend which i have proof in audio recording, now i don't want to live with her can i f…

Read More

Get free assistance for your legal issue