Legal Question in Family Law in India
My husband is green card holder in USA i don't have green card.
my son is 9 years old he is US citizen
Iam staying in india for last 3 and half years with my son .
he didnot contacted us from last 3 years.
he sent mails asking me to file divorce in India and he will give me some compensation after completing the process.
i want to file a case against him.some friends are advising me to come to USA and file case there as he is a green card holder.
without going to USA can i file case in USA by hiring lawyers there.or is it ok to file case against him in India
i have asked this question and i got legal advice like this
"4) On his part, being a US Green Card Holder, he can file a petition for divorce in USA and the court may award him ex-parte verdict; based on principle of Res Judicata, this decree will be valid in India provided you do not challenge it here in India."
So far i have not received any communication whether he has filed for divorce in USA or not .without my consent also can he get divorce in USA.Can i file any case in USA on behalf of my minor child who is a citizen of USA.
If there is no chance of filing case in USA against him what options i have to proceed from India.
Could you please explain.
1 Answer from Attorneys
It would be better if you filed the case in India. In case you decide to divorce by mutual consent then you can settle the issue of alimony and child custody amicably and have a divorce which would be easier and will take less time. In U.s I wouldnt advice leaving everything on the attorney to fight your case. If you cant Visit US to contest the case it would be better to file the case in India. First negotiate the terms with your husband then take the step. Another point is that if he gets an exparte decree then that would not have an effect of rejudicata as you have not contested the case in US. there are judgements to the effect. for further query contact 9312411481.
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