Legal Question in Family Law in India
iam a married person, working in a corporate sector , presently posted at u.s.a. my wife worked also in a corporate banking service. as per her will, she quit the job and stayed with me at u.s.a for 1 more than one years. as my aged parents are in india and having close bonding i frequently call my mother who is anxiously waiting for the same. but it is not accepted by my wife who wants to restrict and try to dominiate in all my personal affairs. but i never put any restrictions on her in any matter.with this issue, matrimonial annoyance between us started. as there is no scope to her to get any job there, she desires to return India and join in her previous job and residing with her parents .there is no connection with her excepting email or sms one or two in a month. though she is working lady, earning a lot, i am to send her 15000/-per month as per her demand ,not only that i am to pay her yearly l.i.c premium( big amount). in this situation, i want to file a divorce suit at u.s.a as it is not file or contest such suit from u.s.a by me. if any favorable decree is obtained there, now may i ask you whether the decree is acceptable in india as per law? please advice, how to solve the matter?
2 Answers from Attorneys
As you got married in India, you need to get divorce in India itself. You can file a petition for divorce through your lawyer in India by executing a power of attorney duly attested in USA. Once the suit is filed in India, the divorce granted by Indian courts is valid in India as well as US. But in case you obtain a decree of divorce in US and it is an uncontested divorce, the decree may not be valid in India.
Regards
Adv. Rajiv
file divorce case through attorney or directly by sending attested documets from usa notary. for the filling of divorce case take services of advocate in India