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Rights as per Hindu marriage act if divorce ongoing in usa


15-Aug-2023 (In Divorce Law)
Sir/Ma'am,This is regarding divorce my sister whose husband filled a divorce case in usa..he abandoned her and US born kid in India for 5 year and when she somehow managed to go USA on her own to settle again in this marriage he filled a divorce on the basic of reconciliation differences. During all these marriage year she was mentally and physically tortured but she always try to save this marriage but nothing worked out. Now she don't want to Divorce him what are her options as per Indian law
Answers (5)

Answer #1
976 votes
If the behaviour of your sister's husband is intolerable towards her then she can anytime forward a complaint regarding her grievances in writing to the police station according to her jurisdiction. And if she wishes to go legal then she can also file a petition under section 12 Domestic Violence or section 125 CrPC and claim maintenance for herself. And if there's no scope of living together then rather stretching the relationship she should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
989 votes
I would suggest you to file a case under section 9 of Hindu marriage act for restitution of conjugal rights with an application seeking interim maintenance against her husband in India. Simultaneously she should get an FIR registered against her husband under Sec. 498A of the Indian penal code. For more assistance you may consult me in that regard.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #3
973 votes
She can file a case for divorce in India on grounds of cruelty. she can seek maintenance, rent, protection and other necessary orders from court against her husband. she can file criminal case of cruelty under 498A. other options are also available depending on her circumstances.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #4
640 votes
You would be requiring a detailed consultation for this marital discord. Need to thoroughly brief a lawyer to enable him to explore legal options for you after analyzing the current status and facts. However in case you wish to divorce him you can file a section. 9 petition
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #5
520 votes
First of fall you hire an advocate perfection in matrimonial matter. In this Situation you also file some case against husband in India. Then your husband pressurised from the India Court Notice. Then your settlement successful.
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Advocate Mayank Arora

Adv. Mayank Arora

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