Divorce
Col Rajp(Retd)
(Querist) 29 October 2014
This query is : Resolved
kindly advice ;-
1 Girl falls in love with a boy working as IT consultant. gets married approval of parents from both sides, she left her well paid job, as finical consultant, after marriage , which was duly registered,
2 they go to South America, as he gets a job there, for one year.
3. After reaching there,she realises that he is sending mails to her earlier girl friends, on objecting, After drinks he beats her black and blue, father speaks to him and after long talk, by both parents they reconciled, since reporting to police will create, lot of problem to him.
3. they comeback and after few months again to their on new assignment,
4. After few months she gets interview, for MBA, which irritates him, he told how you get this interview not me as he is better qualified then her, after drinks hit her , she is not well on the day of interview, not selected, he is happy.
5. After few days he beats her very badly after drinks and she speaks to her father and she goes to USA to her brother, he resigned the same day that she may not get her arrested and fly backs to India.
6.She comes back and is under mental, agony, frustration and pain, decides to confronts him at his place without her father as he told her your father will come begging in front of me to keep you,
7, She goes alone but parents take his side and ask her to go back. she comes back under lot of mental agony, being treated badly.
8 She decided to call it a day comes out of this trauma, after few months and picks up a job in banking sector as consultant.
9, they had booked the flat and where both are signatory, he has been paying the instalments, now he is pressing to give him in writing to withdraw her mane which has been refused.
10. he never bothered to ask her/talk to her except sending mail once to give in writing to withdraw her name from the flat.no money or maintence he gave,
11.Its one year, now he has gone to USA for MBA, she wants to get out from this bad relation. In all aspects he is no match to her in any way, be smartness beauty, brains or social status.
12
A.she know where/university, he is doing MBA,
B. She has visa long term for USA .
c, what are the option to get divorce under such situation, as early as, Can it be filed in USA possible. if filed locally. he is in USA, what will be the procedure.
12. needs you expert advice to go about in systematise manner.Thanks waiting for your advice.
.
V R SHROFF
(Expert) 29 October 2014
File DV case First,
Do not withdraw name .
ajay sethi
(Expert) 29 October 2014
1) wife can file for divorce in india on grounds of mental cruelty.
2) she can also file DV case against her husband seek right to stay in matrimonial home , compensation for mental torture she has undergone
Rajendra K Goyal
(Expert) 29 October 2014
She should file DV case. Better if her brother was living in USA she should have filed criminal complaint against him there. She could have filed divorce case there as it is easier there and even in contested cases she could have got divorce in 12 to 18 months with equal distribution of matrimonial assets. Law at that place would have taught him a good lesson against physical assault.
She should not withdraw her name from the flat.
Col Rajp(Retd)
(Querist) 29 October 2014
1. Her brother was there for short time.
2.He could give her moral and financial support to come there and back to India.
3.As she knows where he is , can it be filed there if she goes there ?? as it will take long time if filed here,
4. his father is upset, once she is out of this mess, once she get over and out of this bad dream wants to do further studies,MBA, .
5.how long?
Devajyoti Barman
(Expert) 30 October 2014
Though case in Indian drags more than India, it is always better to file such cases in India more so when the party is wife and she has no long term plan to settle in abroad.
Rajendra K Goyal
(Expert) 30 October 2014
If her brother was there for short period and presently he is not there, it is not advisable to file case there. In USA the lawyers fee is very high and in contested divorce case she may have to pay upto 30-40 lacs to her lawyer. It would be apart from normal expenses.
In the given circumstances, it is advisable to file case in India, where she is employed.
ajay sethi
(Expert) 30 October 2014
if wife can get a job in USA she can go abroad . if husband is residing abroad she can file case abroad . other wise file case in india
Col Rajp(Retd)
(Querist) 30 October 2014
1 jurisdiction for filing DV ie, if the girl was from Gurgaon/ she got married in /he is from Agra,her marriage resistration is in Gurgaon. where will be the juidiction, to proceed/ or she can file in dehli??
2. pl advice
ajay sethi
(Expert) 30 October 2014
she can file in delhi if she is residing in delhi
Col Rajp(Retd)
(Querist) 31 October 2014
1.Thanks Ajay,Rajindra, Shroff for your kind valuable advice .
2. Ajay kindly advice if girl is staying and working in Gurgaon, Registration of marriage is done there ,then filing Dv will be better in Gurgaon or in Delhi?
3. the notice will be sent to USA where he is doing MBA ??can it be served there ?sending notice at his res has no meaning since he is not there, In UP. what is the efficacy of the notice in case its not sent to USA??
4 Kindly advice.
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
She can file DV case in Gurgaon itself. there is no meaning in filing divorce case in the foreign country if the marriage was solemnised as per Indian laws. The summons can be sent directly to his US address and this address can be mentioned in the petition itself.
Devajyoti Barman
(Expert) 09 November 2014
The place of suing makes no difference so afar as merit of case is concerned. Where the girl is residing she better files the case therein only for physical convenience.
