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My in laws are harrassing me physically and emotionally. My marriage is not registered yet.
Question
I had a love marriage and my husband was living in california. For marriage we came to india but once the marriage was performed i was asked to stay back while my husband went to california. He kept on assuring me that i will be called back and on such assurance i took leave without pay from my job. However now it has been 10 months but my inlaws are not ready to send me back. They are harrassing me physically and emotionally. My marriage is not registered yet. How to get my passport released from inlaws and obtain divorce?
Answer ( 1 )
as per the facts, it seems it is not even one year that you have been married. As per Hindu marriage Act, assuming that you both belong to Hindu religion, divorce cannot be filed within one year of the marriage irrespective of the fact that ur marriage is registered or not. If you claim crucrue amd dessertion, i would suggest that u file a petition under section 9 of HMA i.e. for restitution of conjugal rights against your husband. In that case ur husband will have to come to india when summons are issued by the court. Once he is back, since urs is a love marriage, may be he will take you along else go for divorce by mutual consent which is a speedy process.