Urgent- Both want divorce ASAP :: Should we file in US or India ?

[jyotisharma503]

Hello All,

I have suffered enough in my 4+ years of marriage. Our marriage was a hindu marriage, registered in India. My husband is US Citizen (though he has dual citizenship of india) & I came to US 3 years back on marriage visa. He is a totally bad character guy with tons of pyschological issues, which I wasn't knowing before. He is ready to give me divorce with no issues, as he realizes it was his big fault. Right now I am totally shattered & going to my parents in India. I want to get divorce ASAP (with least time) now and want to start a fresh life as no kids even

1. Should he file divorce in US in my absence & complete it in US only ?. Which type of divorce he should file & will it need attorney ?
2. Or should I file in India (but then he isn't ready to come to india) ?. Which type of divorce should I file & will it need attorney ?
2. Can I marry someone while divorce process is still in progress or it has be completed ?
3. Does his "Dual Citizenship" matter here ? (I think he will still be treated US Citizen)

I have read that in India presence of both is required and in US minimum period is 6 months. Also I think we can only apply in california, as we have only lived in CA (if he decides to file in US). Or can I file in some other state

I would be really thankful
Jyoti

[peace999]

First of all ,India does not allow dual citizenship. He is only a US citizen , as he is required to surrender his Indian passport by Indian law, after he acquires another nationality.

But this may not be relevant here.

US granted divorces are accepted in India provided the divorce is granted as per the provisions
mentioned in section 13 of Indian Civil Procedure Code.

You have to have a completed divorce decree to remarry and register your marriage.

If you get an ex-party divorce in US ( in your absence), it may not be recognized in India.

If he is not ready to come to India, I suggest you hire a good divorce attorney and complete the divorce in US .
There will be many who are of Indian origin and are familiar with divorce laws in India.
You have spent 4 years, spend a few more months and get it over with.

[sthreeshakti]

Domestic Abuse - US Citizen applying for divorce from Indian citizen

Hi,

I got married in India almost a year ago. Our marriage is registered in India, but not in the US. I am a Christian, by the way.

I was an Indian citizen at the time, but now have US citizenship. My husband has Indian citizenship and is still residing in India. After we got married, I stayed with him in India for 5 months.

During these five months, he physically and emotionally abused me, including hitting me, trying to strangle me, etc which constitute as assault under Domestic Violence laws.

So, I returned to my parent's house in the US. It has now been almost 7 months that I have been back in the US.

In addition, he also cheated us by falsely stating that he has an MBA from a university in London. It was only I returned, when we dug deeper into the matter due to suspicions from his changed behavior and examined the copy of his supposed MBA certificate, which he sent us, that we realized it was bogus.

I want to apply for divorce from the US (New Jersey). I do not know if he will agree to a mutual consent divorce or not (I highly doubt it). My parents and I will be traveling to India to let them know of our decision and discuss this possibility. I plan on filing for divorce when we return.

If by any chance he does agree to the divorce, how can I negotiate to get back the money my parents gave him and his parents before and after marriage?

(As is more likely) If I apply on grounds of "extreme cruelty" (i.e. emotional and physical abuse) from the US...Will this work? Will it be valid in India?


This second issue is the more pressing one that I really need answers for. Please help.

*Before and after marriage, my parents have given him and his family a lot of money - part of it was used for their wedding expenses (we paid out of pocket for our own), he also wasted part of it on his business venture, used part of it as a down payment for our flat - which is in his name, and for other expenses.

About the flat - the down payment was given in part before marriage, but the flat was signed/registered/bought after marriage in his name (on a mortgage/home loan).

My parents also paid for almost all our living expenses as well while he was "starting" his business, which has not started even a year later. My parents were pressurized to pay by his and his family's mistreatment of me.

I need and want all this money back to build a life for myself now and to support my parents, for whom that money was the bulk of their savings.

My Questions:
1) How do I claim this money when I am filing for divorce from the US? Will I need to go to a Indian court to claim this money?

One problem is that almost all of this money was transferred through cash dealings, so only bank statements - amounts and dates - will show anything I guess. However I do not have access to his or his parents' bank statements.

So, what proof can I show?



2) Will my filing for divorce on the basis of domestic abuse result in any punishment/penalty in India for him?
(I never filed any police complaint while in India on this issue).



Any help/advice/answers to these questions, especially concerning the claim to return the money and the proof I can show, would be greatly appreciated.

Thank You