Legal Question in Family Law in India

1.In continuation of my earlier question regarding divorce of my friend she doesnt have the marriage certificate and i asked a lawyer and he told me that without marriage certificate it would be difficult for the court to decide the jurisdiction.she has now taken up us citizenship.but at the time of her marriage she was an indian citizen.marriage took place in delhi.so the case would prolong further.is it true???
2.The lawyer also said that she has to live separately from her husband for atleast 1 year before she can file the case??is this true???cant we somehow circumvent this rule???her husband is not willing to let her go.
3.her husband says he wont ever allow her to take divorce???is is possible??or can he only delay???
4.since she is us citizen can she file for her case with the us embassy or would she be required to go to usa??
5 which option is better?filing in india or usa???

Asked on 7/31/11, 10:47 am

7 Answers from Attorneys

G. M. Gupta gmguptaandassociates

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just the mention of marriage place is sufficient to begin the case.

1 year gap is required if you are going for mutual consent divorce which is not in ur case so you can file it whenever u like.

he can only delay

she can file here in delhi

I have not observed USA courts

Answered on 7/31/11, 11:03 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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she can file the affidavit regarding the place of marriage and jurisdiction thereof. however, these are all legal queries and the lawyer that you hire may be able to address to almost all of them.

Answered on 7/31/11, 9:54 pm

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Sanjay Kalra Sanjay Kalra & Associates

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I explained you in detail about her rights with regard to her divorce and USA laws but it seems you have'nt understood anything .go through my earlier reply.

Answered on 7/31/11, 11:13 pm

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