• Divorce and civil suit

My daughter is US citizen and married a indian boy who also lives in US. They both married in India and registered wedding in India. All expense was born by brides family. Post marriage boy ran away from the commitment and kept giving some of other excuse to live with my daughter. On enquiring from his parents they said he was never interested in marriage and now one year later tell that he does not want to live with my daughter. We feel cheated and want to not only take divorce but also teach him lesson by punishing in some way or financially. Please advise if we can file the case in india and how we can punish him and his parents.
Asked 14 days ago in Family Law
Religion: Hindu

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32 Answers

Donot spoil life of daughter. Daughter should get divorce and should also ask for maintenance and alimony from husband. Both cases can also be filed in India. As such no case of cheating is made out. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

Both can appoint their special attorney. For rest you may consult with detail. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

It would be explained. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

File for divorce on grounds of mental cruelty in India 

 

husband refusing to stay with wife amounts to mental cruelty and is ground for divorce 

 

2) seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

 

If both are US residents you can file for divorce in USA 

 

please note that divorce should be on grounds recognised by HMA 

 

3) no fault divorce obtained in USA is not valid in India 

 

4) best option is to file for divorce in India 

 

5) wife would not be entitled to any maintenance or alimony if she is working unless there is substantial differences in their income 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

 

Legal fees vary depending upon lawyer engaged by you 

 

2) you can file for annulment of marriage in India if husband had suppressed material facts about his health before marriage 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

 

Given in-depth explanations for my answers 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

File FIR of domestic violence, dowry demand, recovery of money and dowry and apply for maintenance, divorce, 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Legal Remedies for Your Daughter's Situation

1. Filing for Divorce


  • Grounds for Divorce:

    • The behavior of the husband, including running away from commitment, refusal to live with your daughter, and hidden mental health issues, can qualify as cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.


  • Where to File:

    • Since the marriage was solemnized and registered in India, you can file for divorce in India.
    • Alternatively, if both are residing in the US, they may file for divorce under US law, but that would not cover other claims like dowry or deceit, which are specific to Indian laws.

2. Civil and Criminal Actions Against the Husband and His Family

  • Criminal Case:

    • File a case under Section 498A IPC for cruelty, which includes mental harassment and exploitation.
    • If dowry was demanded or the expenses of the marriage were exploited, you can file under Section 406 IPC for breach of trust.

  • Civil Suit:

    • File a civil suit for damages in India, citing:

      • Cheating and emotional trauma caused by deceitful marriage.
      • Financial exploitation for expenses borne by your family.

3. Maintenance and Alimony


  • Eligibility for Maintenance:

    • Under Section 125 CrPC or Hindu Marriage Act (Section 24), maintenance can be claimed based on:

      • The husband's income.
      • The financial needs of the wife.


  • Quantum of Alimony:

    • Courts may grant a lump sum alimony or monthly maintenance.
    • Since both are earning, alimony might be based on the difference in their earnings.

4. Hidden Mental Health Issues


  • Legal Implication:

    • Hiding medical conditions (like depression and anxiety) at the time of marriage can be argued as fraud under Section 12 of the Hindu Marriage Act.
    • A civil suit for compensation can also be filed for the deceit.

5. Practical Considerations


  • Representation in India:

    • Both parties can appoint lawyers in India using a Power of Attorney (PoA) and need not appear in court for every hearing.


  • Costs Involved:

    • Legal fees in India vary depending on the complexity and location:

      • Filing a divorce case: ₹50,000–₹1,50,000.
      • Filing criminal and civil cases: ₹50,000–₹2,00,000.

    • Settlements depend on mutual agreements and court orders.

6. Steps to Take


  1. Hire a Lawyer:

    • Engage a lawyer in India experienced in family and criminal law.


  2. File Divorce and Civil Suit:

    • Initiate divorce proceedings and claim damages for deceit and exploitation.


  3. Criminal Complaint:

    • File an FIR under Sections 498A and 406 IPC against the husband and his parents.


  4. Seek Maintenance:

    • Request interim maintenance during the divorce proceedings.

7. Final Note

  • Legal cases, especially those involving international parties, may take time, but with proper documentation and representation, justice can be sought.
  • For detailed, personalized advice, consider a phone consultancy. Hope you find this helpful. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal.

Shubham Goyal
Advocate, Delhi
322 Answers

1. It will be prudent on your part to file a petition praying for annulment of marriage in the interest of your daughter alleging the her consent for marriage was availed by the groom and his family suppressing the fact that he is a chronic patient of depression and other mental ailment and had it been made known top your sister, she would not given her consent for the said marriage.

 

2. It has to be filed within 1 year from the date of coming to know about the ailment of the groom which was suppressed.

 

3. There is no provision in law for teaching lessons and in case of Matrimonial Cases, no Court will allow any compensation.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

1. Collect evidence of his medical condition which existed before his marriage.

 

2. If you do not want annulment of marriage and want to cause financial damage to him, then your daughter can file maintenance petition before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

1. Under the given circumstances, most of the  wives seek annulment of marriage in place of divorce to avoid to be prefixed as Divorcee.

 

2. However, the fees to be charged by the Lawyer for filing the petition/suit varied from place to place and lawyer to lawyer. In Kolkata, the filing charge will be around Rs.50 K and appearing fee will be Rs.5 K.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

I have submitted my answers with details as much as possible.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

- Since, the marriage has been solemnized and registered in India, it means that your daughter is legally his wedded wife , and he cannot deserted her on any grounds . 

- Hence, you should know that your daughter has the following right 

  1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her &child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not , and also your daughter is an earning lady.

  1. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc., and also for teaching a lesson to the family members of her husband, who subjected her torture &harassment, she should file a petition under the provisions of Domestic Violence Act.

  1. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your daughter should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture &harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- However, if you don't want to create trouble for her husband , then she can take divorce from her on mutual consent ground even in US. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

First of all you can file case in Indian court. As parents of girl on her behalf you can file case. I can answer you in deep by checking few  things in past history of both. 

 

Yes, girl can claim for alimony from her husband and whatsoever marriage expenses.

 

If Girl and her parents feel that they had been cheated from Boy and husband family, then you can file additional cheated case them.

 

Regarding the settlement its totally depends upon both the parties and not on any one single party so the answer here will be not so unique, each and every case has different scenario and prospectus.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Since the boy is not interested in continuing the marriage and has fled her immediately after the marriage there is no point in waiting for him to return for years together

However since there ws no dowry demand or other acts of cruelty, she can ask him to agree for mutual consent divorce, failing which she can file a contested divorce on the grounds of mental cruelty citing this abandonment as a reason. 

If they both are residing in USA, they can move an application for mutual consent divorce in USA itself, but it should not be a no fault divorce or irretrievably broken down marriage.

They are not recognised as legally valid divorce in India.

Since she is employed and drawing salary income she may not be eligible for maintenance but she can demand the expenses towards marriage and alimony as compensation for an amicable divorce.

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

Since she is employed and drawing salary income she may not be eligible for maintenance.

But as the marriage expenses have been borne by you you may demand the as well as one time settlement of alimony.

She can file the divorce case in India through you as her POA agent too but she may have to be present before court at the time of letting in he side evidence.

 

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

The litigation expenses cannot be predicted because it involves lawyer's fees. 

You can demand compensation based on the expenses you incurred towards marriage and one time alimony setlement.

Without any documentary evidence about his premarriage disease, you may not be able to take any action on that.

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

If you want detailed and elaborate advise and opinion as well as suggestions to move forward in this regard, you may have to consult an advocate in person or personally either from this forum or outside. 

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

in the above case when truth was not revealed to you during marriage then the same can be annulled by filing annulment in court of law. Both the couple will get status of unmarried 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

If your daughter is residing in Mumbai, she can file for divorce in Mumbai

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

The divorce case can be filed in the place of marriage or in the place where they both lived lastly together in India or in the place where she is currently residing.

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

- Yes, as the marriage is registered in India then the cases can be filed in Delhi or Mumbai

- If her parental home is in Mumbai then case can be filed in Mumbai. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

If she resided in mumbai then she can file divorce in mumbai. She can file donestic voilence and other cases in Mumbai.

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

Search in this website from lawyers Practising in Delhi having good ratings contact any of them

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

You may consult with detail. It does not matter as who is father of either party. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

There is no such straight jacket formula to select a lawyer suiting to your choice or requirement.

You may have to look into the credentials of the lawyer and engage the services if you are satisfied about the lawyer's reputation.

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

Your daughter  can file the case at the place where her marriage had taken place or where she last resided with her husband together or where she is presently residing. 

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

1. Selecting the correct lawyer is the most important part in continuing the litigation process.

 

2. Visit the Courts handling the Matrimonial matters and witness various submissions being made by different lawyers from whom you shall have to engage one.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

So what, Any good advocate will fight for your cause 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

You can indeed initiate divorce proceedings in Mumbai even if the marriage was registered in Delhi, under certain conditions. According to Indian law, a divorce can be filed at any of the following places:


  1. Where the marriage was solemnized (in this case, Delhi, where the marriage was registered).

  2. Where the husband currently resides.

  3. Where the wife is residing at the time of filing the divorce (if your daughter is living in Mumbai, she can file there).

This flexibility is designed to accommodate the convenience of the parties involved, especially in cases where one party has moved away from the original place of marriage.

Selecting the Right Lawyer

Given the sensitive nature of your case, particularly with the involvement of a retired judge on the opposing side, selecting the right lawyer is crucial. Here are some tips on finding a lawyer who can passionately and effectively handle your case:

  1. Experience and Specialization: Look for a lawyer or law firm specializing in family law, with a track record of handling high-stakes divorce cases. Experience in dealing with complex matrimonial disputes, especially involving influential parties, is crucial.

  2. Initial Consultation: Schedule consultations with potential lawyers to discuss your case in detail. This is a chance to assess their understanding, approach, and commitment to your case.

  3. Reputation: Research their professional reputation. Look for reviews or testimonials from former clients, especially those who have had similar cases. A lawyer with a strong reputation for integrity and aggressiveness in court would be beneficial.

  4. Comfort Level: Choose a lawyer with whom you and your daughter feel comfortable sharing sensitive information. Effective communication is key to a successful lawyer-client relationship.

  5. Strategy and Resources: Consider how the lawyer plans to approach your case. They should have a clear, strategic plan and adequate resources, including support staff, access to expert witnesses (if needed), and experience in handling cases in both Delhi and Mumbai, if applicable.

  6. Opposition Handling: Given that the opponent is a retired judge, it’s important that the lawyer is not intimidated by the stature of the opposition. They should be prepared to handle any potential biases or challenges that come with it.

Practical Steps


  • Compile Documentation: Gather all relevant documents such as marriage certificates, communications between parties, evidence of any misconduct, and financial records. This documentation will support your case.

  • Legal Strategy: Work closely with your lawyer to develop a comprehensive legal strategy, considering all potential challenges and the best jurisdiction for filing the case.

  • Emotional Support: Ensure that your daughter has adequate support during this challenging time, including emotional and psychological counseling if needed.

Taking these steps will help ensure that you select a lawyer capable of handling your case with the dedication, rigor, and sensitivity it requires.

For detailed, personalized advice, consider a phone consultancy. Hope you find this information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.

Shubham Goyal
Advocate, Delhi
322 Answers

 

1) We feel cheated and want to not only take divorce but also teach him lesson by punishing in some way or financially.
2) They both married in India and registered wedding in India.

-  Legally your daughter can file a case against him in India. 

- Settlement will be on table if they are ready to be settle. 

3) Even though we have my daughters wedding is registered in Delhi. Can we go into litigation and file divorce in Mumbai?
- If your daughter living in mumbai and can show living in mumbai then yes you it can be done in MUMBAI only.

4) How do I select the lawyer that can fight my case with passion. Because the my daughters father in law is retired judge from delhi district court.
- It is all about Interest of justice and Law is same for everyone.
- TO select a lawyer you have to understand that Law is based on real facts. Not a vogue complaints. So before your daugther file any complaint then
you / she must be ready with all genuine evidence and other facts which can be represented in the court.

Most Important - Your daughter can also file a complaint in US with a request of LOC in indian court as well in US court which will definitely give a good lession to that boy.
Passion and experience are most important here which can go to way of winnings in your legal battle.


FAMILY LAW EXPERT

Dinesh Kumar
Advocate, New Delhi
24 Answers

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