Legal Question in Family Law in India

Hi Experts,

I have applied divorcee with my wife in India as we are married in India. I took her to USA on H4 while I was working on H1B and brought house with Title on both of us. Due to differences I cam back to India in 2020 and applied divorce in 2022. My H1B has been expired in May 2021 and she is still in US with expired H4 and not sure where she is staying in US since 2021 and not sure what type of visa she is staying on. Since 2020 Sep she blocked me all type of communications i.e phone, whatsapp, facebook, gmail etc and I have tried all of mediation with her family in India but they reluctant to talk. Her lawyer is representing her since I have applied divorcee and making all sort excuse to get extensions, so I have applied for 21b to make my divorcee process faster.

Question: What are my options to Judge convince that she wanted delaying the case without any reason?

Questions: Will she able to get my Property in USA as I have paid down payment and EMI till date.

Your suggestions will really help me.

Thanks


Asked on 5/18/24, 5:55 am

1 Answer from Attorneys

as far as your petition in India is concerned, you need to expedite the same. Is she in possession of your property in US? As per US laws, the property would be divided equally but as you were married in India and also seeking divorce in India, situation may be different in US. Where are you pursuing your divorce petition in India? In case she is illegally staying in US after expiration of her visa, you may seek help of MEA for further course of action .

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Answered on 5/22/24, 9:08 am


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