Legal Question in Family Law in India

I am married for almost for 14 months, however after an year of marriage i had to come to my parents place because of my cruel mother in law, now my husband asking for mutual divorce, i am ready for that, till now have not recevied any court notice, however in case my moves to abroad and settles there as, can he give me divorce easily, or can he marry someone else there, got married under hindu marriage act. please advice


Asked on 6/08/12, 9:39 am

1 Answer from Attorneys

BHARAT NARASGOUDA BHARAT NARASGOUDA

Madam, if you want a mutual consent Divorce both you and your husband should present a petition for Divorce, further you can file a harassment case under section 498 A of Indian Penal code and get his pass port seized as he has committed an offence and till the trial is over he cannot leave India. Further if your husband is ready for Divorce ask for Permanent alimony which can be paid in Mutual consent Divorce if you are not able to maintain yourself . Further you can also file maintenance Petition under section 125CRPC or you can also file Domestic Violence case where you can get maximum reliefs. Further if you are interested in Divorce you can file a Divorce petition on the ground of cruelty.

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Answered on 6/09/12, 6:10 am


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