Divorce
Querist :
Anonymous
(Querist) 27 May 2019
This query is : Resolved
Hello, I , got married to british citizen - husband and the marriage ended in like 6 months because of mental torture. We wanted mutual divorce , but my husband and his family is not cooperating at all. In spite of that he is claiming wedding expenses from us, which he incurred after marriage on me as a wife. Now he is threatening us to go through legal process for claiming expenses my husband did on me as a wife? Kindly help . Thank you
Vijay Raj Mahajan
(Expert) 28 May 2019
He's a dam fool that's what I feel, he's not aware of the law of the country that it's the wife who can claim her absolute property or Istridhan from husband and not the husband, money he spent on the wife during the marriage period, it's the responsibility of the husband to maintain the wife and whatever he spent on her cannot be claimed back under any provision of law in India.
As far divorce part is concerned, your marriage is 6 months old and till one year of marriage you can't seek divorce, so wait for one year and after that you can file individual petition for divorce against the husband on the ground of creulty in the Indian Family Court.
You can in the meantime seek maintenance and place of residence from the husband under the Protection of the Women from the Domestic Violence Act, 2005.
Your petition under the DV Act will be good lesson for the British husband to learn in India.
You can contact me for detailed case discussion.
vijaymahajan5758@gmail.com
Vijay Raj Mahajan
(Expert) 28 May 2019
He's a dam fool that's what I feel, he's not aware of the law of the country that it's the wife who can claim her absolute property or Istridhan from husband and not the husband, money he spent on the wife during the marriage period, it's the responsibility of the husband to maintain the wife and whatever he spent on her cannot be claimed back under any provision of law in India.
As far divorce part is concerned, your marriage is 6 months old and till one year of marriage you can't seek divorce, so wait for one year and after that you can file individual petition for divorce against the husband on the ground of creulty in the Indian Family Court.
You can in the meantime seek maintenance and place of residence from the husband under the Protection of the Women from the Domestic Violence Act, 2005.
Your petition under the DV Act will be good lesson for the British husband to learn in India.
You can contact me for detailed case discussion.
vijaymahajan5758@gmail.com
Dr J C Vashista
(Expert) 28 May 2019
Your marriage was solemnized under which personal (Hindu, Muslim, Christian etc.) laws ?
Where do you belong/ presently residing?
Whether you want a mutual or contested divorce or join his company?
It would be better to consult and engage a local prudent lawyer for proper guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) with relevant documents/information at:
Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
Guest
(Expert) 28 May 2019
Legally both Men and Women would be treated equal as a result the burden of alimony can now fall up on either husband or wife depending on their financial conditions
Guest
(Expert) 28 May 2019
Husband also could make claims in the suit depending on justifiable legal grounds.
Guest
(Expert) 28 May 2019
No doubt the divorce suit could be filed even after one or two days of marriage with justifiable legal grounds and no need to wait or waste one year.
Guest
(Expert) 28 May 2019
Refer Section 14 of the Hindu Marriage Act
SHIRISH PAWAR, 7738990900
(Expert) 28 May 2019
You can seek divorce on the ground of cruelty as your being subjected to mental torture. You can also apply for maintenance in the divorce application. If your husband claim expenses in that case you have to fight out the application.
Querist :
Anonymous
(Querist) 28 May 2019
Hello All, Thank you all for the help!! Our marriage solemnized in India under Hindu marriage act. I am currently residing in New Delhi. I want a mutual divorce, but he is not cooperating, telling he wont come to India. My marriage is two years old as I waited 1.5 yrs for visa and spent 6 months in London. He is threatening to claim wedding expenses done on me as a wife via legal procedure. He even sent me full accounts of the expenses via Whats app(proof) and asking us to pay the same.(Proof of whats app messages). Can I file Dowry case as I am still legally married to him. Kindly help. Thanks
Guest
(Expert) 29 May 2019
Better file a Divorce Suit in Delhi it self mentioning the facts of Dowry harassment etc as you said before he could proceed legally in his country.
Guest
(Expert) 29 May 2019
Expert/Advocate Dr.J.C.Vashista is in Delhi and you could contact him if required
