What to do if the husband is not ready to give divorce

08-May-2023 (In Divorce Law)
I am trying to find legal help for a friend of mine from India. She married a man who came over from the US, and left to return to his home country soon after, and has since started to talk to her about his desire to open their relationship so that they may start dating other people. Despite her requests for divorce, he refuses stating that he doesn't have the money to return to India. He has been subjecting her to mental anguish and torment due to his indecisive attitude and constant changing actions. She is Hindu, he is Catholic, but the ceremony was Sikh. I am wondering what options she may have to get the marriage annulled or dissolved without his involvement. Thank you for your time.
Answers (4)

Answer #1
564 votes
If both the gurl and boy are from different religion then they will have get married under special marriage act, otherwise one of them will have to convert and by changing his/her religion they can get married.
In this case you are saying both are from different religion and they get married as per sikh rites and ceremony then their marriage is not valid
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Answer #2
878 votes
Well first of all I would like to know about the ceremonies which took place at the time of marriage. Secondly if your friend has valid ground for divorce as discussed by you. It is possible under Indian laws to obtain a decree of divorce from the court even if husband is not interested.
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Answer #3
861 votes
Mam your friend need to file the divorce petition in Indian court and through court thatan have to come to India and there are other ways also to compel her husband to come to India and divorce her but she need to file the same as soon as possible
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Answer #4
902 votes
I have done such cases in past you need to file a divorce case in India and serve him in USA and then when he does not come the court will pass an Exparte decree after following due process of law and you if want can also take alimony decree and get it executed or also if u want u can take mutual consent divorce depending upon the terms the husband is agree etc
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