Legal Question in Family Law in India

hi..am recently married i was married on july2012..i was forced by my parents to marry.i was in love with a muslim guy,but they disagreed,i was forced to marry a boy of their choice, i accepted and got married,i came to USA on aug, my husband was emotionally abusive and treated me cheap,he used all filthy languages on me... i begged him for divorce,he said he cant give me divorce at all..i cant live with him anymore..i want to divorce..is that possible..i reside in usa now. i have a plan to come to india very soon if everything goes fine..i want to check if i can file divorce in india ,when am in usa,please provide further details.


Asked on 10/23/12, 8:25 am

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

You can apply for mutual consent divorce in USA as both of you are living in USA . Which state of USA you are living ? as state laws of each state are different otherwise you can file a contesting or mutual divorce against your husband in India but Indian laws does not permit to file for divorce within 1 year of marriage but you still can take a chance by moving an application u/s 14 of Hindu Marriage act by giving a cogent reason for you to file for Divorce within one year of your marriage. Engage a good matrimonial lawyer to guide you in your difficult time . Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 10/23/12, 8:36 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

You can file a petition for divorce in India as u were married in India. You can file the same even if you in US at present. A POA needs to be executed for this purpose.

You may visit my website www.karvai.in to know more about your rights.

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Answered on 10/23/12, 8:37 am


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