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Discussion in 'Life Without Spouse' started by girlieyonee, Sep 4, 2014.

  1. girlieyonee

    girlieyonee Senior IL'ite

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    one of my friend's sister got married in india a couple of months back to a groom from the USA working on a H1B.

    She had gone to the US last month ON H4 and within 3 weeks she has found it next to impossible to live with him.- mental abuse, family abuse etc - no physical abuse though.

    she has now come back to india quoting her mother's illhealth.

    if she wishes to divorce this guy what are her options if her husband refuses to give a divorce.

    can she file the divorce petition in india and if the husband does not agree what are her options. can she quote incompatiability as the reason. marraige has not yet been consumated. can this be quoted as a reason for the separation

    she has no plans to go back to the USA and hence filing a petition there is not possible at this point in time.

    appreciate if you could share your inputs.. also what would be the less traumatic way to get a divorce in india.
     
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  2. mrunalini01

    mrunalini01 Moderator Staff Member Platinum IL'ite

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    If there is no other option than divorce, then proceed it further. A genuine lawyer guide you till the case draws you favor. Good Luck
     
  3. Shina

    Shina Gold IL'ite

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    Please seek advice from a good lawyer. Also try and search information on the net regarding it. Hopefully someone who has been through such a situation or has information on this topic will see ur post and guide you here .

    i dont know much but as marriage had not been consummated she might even get away by going for annulment. non consummation is a valid reason for divorce so should not be difficult i suppose. Hope someone can guide u better.
     
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  4. aabcii

    aabcii Gold IL'ite

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    if the marriage is registered in US then can file else they can even take legal action against u i feel so better to consult or take the comments from the experience person
     
  5. Weasly

    Weasly Gold IL'ite

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    You dont have to do anything is US !! Marriage was done in Indian soil so Indian courts will do the trial! The guy will have to come to India and answer the court's notice!!
    If marriage has not been consummated, there are grounds to simply annul the marriage! A lawyer will be the right person to tell you, but I knew this before I got married that marriage can be annulled if its not been consummated !!

    Do not file for divorce in US, she is on H4 in US, she is entirely dependent on husband, also if it is filed in India, the guy will have to take leaves and offs from work and come to India, this is going to jeopardize his career growth also !! Serves him right for mentally harassing his wife !!
     
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  6. pear

    pear Gold IL'ite

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    Dear op,

    From 2005 there is a provision in the Indian law that allows the marriage to be cancelled if the bride is still virgin.For this a medical test is a must.This will pave way to cancel the marriage and not divorce .It is advantage bride.One of my friend who got stuck with a gay H took this root.Its pretty quick too.They dont have to give thier status as divorsed at all.
     
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  7. pantu

    pantu Gold IL'ite

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    Get a good lawyer then it is done. The court will cancel the marriage. I wonder how
    many days husbands take to consummate the marriage?
     
  8. anahita5

    anahita5 Gold IL'ite

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    i think this one has grounds for annulment. contact a lawyer in india.
     

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