Can divorce be filed on the ground of cruelty?

Married in India in June 2023. Currently, both spouses are working in the USA on H1B visas. The wife has been subjected to emotional, verbal, and occasional physical cruelty by the husband. She has been living separately at her place of work since August 2024, unable to bear the trauma. What are the options for filing a divorce case: (i) in India, and (ii) in the USA? Which option is better? If filing in India, does the affected person need to come to India to file the case personally, or is there any alternative?

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Advocate By LEAD INDIA Answered: 30 Jul 2025

You can file for divorce in India which can be done through GPA. Collect all evidence of cruelty for a strong case. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number. 

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