Legal Question in Family Law in California

Divorced, Alimony, Custody

Hi,

This question is related to my sister. My sister and her husband had some misunderstanding. My sister's husband filed for a divorce in India, though we never wanted it. The divorce case (filed by my sister's husband) was going on in India, when our parents decided to pay a visit to her in US. Now since the case proceeded in our absence, the Indian court issued the divorce to him.

Now, what are the options available to us ? My sister has a 2 year child. Can we file for custody and alimony in US ? My sister's husband is in living in India now.

Thanks for your time.


Asked on 5/03/04, 2:56 am

3 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: Divorced, Alimony, Custody

The point is what do you want to do? If you want to contest the exparte divorce granted by the Indian Court, you can do so, since there seems to be within limitation period. Regarding child custody and alimony, you will have to apply in the same court in India, since the US Court may not have jurisdiction in as much the divorce has been granted by thye Indian Court.

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Answered on 5/06/04, 2:20 am
Krishan Mohan Sethi lawyerataid

Re: Divorced, Alimony, Custody

First of all you need to challange the ex-parte order of divorce issued by the indian court then you may proceed for custody and alimony

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Answered on 5/03/04, 5:24 am
D. M. Bhalla D.M LAW CHAMBER

Re: Divorced, Alimony, Custody

It has not clarified, when the divorce was granted to your sister's hubby. You had not put in your appearance in the matter, hence, it proceeded exparte. You are adviced to get the decree set aside, if you are inclined to do so. If not you purpose is solved to get rid of the person. Regarding the custody and alimony: It is not clear, with whom the child is? But assuming your version as stated, it transpires, that the child is with the father. You can file a case for custody under Hindu Guardianship Act. But you action for it must be at the earliest, as it may turn against you on the merits of the case. For any further details or assistance, you can contact me on 9811062868, 9868268302 or mail me at [email protected].

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Answered on 5/03/04, 7:36 am


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