Divoce

If marriage took place in India, then you need to apply for divorce here in the place of marriage.

Ask for MCD, divorce will be granted in 6 months time if the husband too agrees.

If husband wishes to contest divorce, then you will have to contest it and it may take 7-8 years minimum to get over.  If husband is not interested to give divorce then nothing can be done.  You might have to fight divorce petition uptil Supreme Court.

However, without police complaint report, of physical abuse, nothing can be done.  Try staying with husband somehow, and if again he raises his hand, then go to police station, get medical report of physical assault, and proceed accordingly.

India perhaps is the only country left on earth where marriage is still called an institution.  It will remain so, lets see Modi is now the PM of India, he might bring changes in law, give quickie divorce to couples seeking divorce.  Feeling it difficult to digest laws of India, change citizenship.

if the husband is consenting then file a divorce petition with mutual consent in within 6 months the process will be complete.

if husband is rigid then divorce on the ground of cruelty can be filed along with this complaint under IPC and domestic violence act can also be filed.

Better arrange for a mutual consent divorce or she has o file a divorce suit on the grounds of cruelty in India only, a divorce obtained in a foreign country for the marriage solemnised in India will not be considered legal.

In 2011, I filed an application (Case No. 186/2011) before the Family Court, Rourkela under Section 13(i) (i-a) of Hindu Marriage Act, 1955 for divorce on the ground of husband’s desertion and cruel behavior. I also filed a case for grant of suitable maintenance for my daughter’s education who is now in class-12. The court proceedings are still under way as my husband is not cooperating with the court proceedings. He remains absent on most of the hearing dates to linger the case. 

In my application I asked for permanent alimony of Rs. 10 lakhs. But as the case is pending for 3+ years now I feel Rs. 10 lakhs will not sufficient for my maintenance in view of increase in living cost.

My husband did transport business by purchasing 4 dumpers, all were financed through Sriram Transport. As he is a government employee all these dumpers were purchased in my name. My husband suffered a huge loss and finally surrendered these vehicles and stopped repaying the EMIs. Now, the financer have issued legal notices for outstanding loan amount on me.

In view of the above, can I enhance the permanent alimony amount now? What should I do now?

The question of permanent alimony comes at the time of granting divorce decree or after divorce decree is granted.  The stage is not there for that, as your divorce case is still dragging.  After evidence is closed by both the parties, you can move an application for permanent alimony amending the amount in the changed circumstances.  You have to take proper legal assistance to counter the legal notice served on you by Sriram Transport, involving your husband and showing his liability to repay the loan instead of you.  That is more important than bothering about permanent alimony in long pending divorce case.