Divorce case
kahkashan
(Querist) 04 September 2014
This query is : Resolved
We were an Indian couple(Muslim) residing in Switzerland.My residence Permit B has expired and am living in India currently while my spouse and his family had absconded to Vaud,Switzerland.My entire dowry and jewellery is with my Inlaws who tortured me when I was pregnant. They lied and fled the country after my miscarriage without taking me to any doctor.I am now at my maternal home.How soon can we be granted divorce in such circumstances? can we file divorce case in Switzerland?
If I file divorce case in switzerland will I need to be present there? my permit has expired. Also my entire dowry( furniture, utensils,appliances etc) is there only as it was shipped by cargo after my marriage.My jewellery is with my inlaws in their locker. How can I retain my assets?
Sudhir Kumar, Advocate 
(Expert) 05 September 2014
you need not file case in Switzerland. You can file in India.
Devajyoti Barman
(Expert) 05 September 2014
Why are you going for divorce.
If you feel you are cheated and tortured in this manner, you better put criminal cases of dowry harassment and domestic violence against him.
You can file such cases in India only.
Rajendra K Goyal
(Expert) 05 September 2014
Agree with the advise of expert Devajyoti Barman.
ajay sethi
(Expert) 05 September 2014
since both were residing in switzerland you can file divorce case in switzerland . it would be faster and you would get good share of husband assets also .
kahkashan
(Querist) 05 September 2014
If I file divorce case in switzerland will I need to be present there? my permit has expired. Also my entire dowry( furniture, utensils,appliances etc) is there only as it was shipped by cargo after my marriage.My jewellery is with my inlaws in their locker. How can I retain my assets?
ajay sethi
(Expert) 06 September 2014
you have to go to switzerland to file case . lodge police complaint against your in laws . file for divorce .
T. Kalaiselvan, Advocate
(Expert) 08 September 2014
For filing a divorce case in Swiss, you have to visit that country once again, there you can file a divorce case as per that country's law only, but here in India you can file a suit under the provisions of section 2 of Dissolution of Muslim Marriage Act, besides you can file a domestic violence case seeking protection and right to residence too, and also you can file a case for maintenance u/s 125 cr.p.c., plus you can lodge a complaint with the police for breach of trust u/s 406 IPC for retrieving your jewels and other properties/assets lying with them. so think of the pros and cons of both and then decide abut further action, consult a local lawyer for further guidance.
