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.
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.
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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.
This marriage was only for a year. Both boy and girl work and earn money in US. So how will this be filed. Also do both of them have to come to India for filing and court hearing or we can have representative that do so. What kind and maintenance and alimony can be asked.
One thing the boy goes into depression and has anxiety, which they had hidden from us. Which we see in his behavior and that we feel is one of the key reasons for his running away from commitment. Finally how much it will cost us for this filing and settlement.
I am not looking for single line answers. Please explain, I don't know anything and expect details to understand.
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
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
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
File FIR of domestic violence, dowry demand, recovery of money and dowry and apply for maintenance, divorce,
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.
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.
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.
- 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
- 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.
- 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.
- 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.
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.
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.
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.
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.
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.
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
Even though we have my daughters wedding is registered in Delhi. Can we go into litigation and file divorce in Mumbai?
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.
- 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.
If she resided in mumbai then she can file divorce in mumbai. She can file donestic voilence and other cases in Mumbai.
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.
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.
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.
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.
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