Legal Question in Family Law in California
family law
�X� an Indian is married to �Y� a Hindu born at Canada. They were married in July 2008
at California as per hindu rituals.
Their marriage is not consumated and they stayed for about 3-4 days together after marraige.
The boy is at California and girl is at New York. They want annulment of marriage.
Queries:-
1. How are the assets gained before marriage treated?
2. Can non-consummation of marriage be the basis for annulment?
3. Can girl ask for maintenance?
4. Will the court ruling in US be treated as legal ruling in India?
5. Can Indian court still entertain the petition if boy files petition for annulment in US?
4 Answers from Attorneys
Re: family law
(1) The assets will remain with the respective party.
(2) May depend upon the reason for non-consummation;
(3) If she does not have sufficient income, she may be entitled to maintenance.
(4) Since the marriage took place in USA, the question of legality of US court ruling may not arise.
(5) The Indian court may not have any jurisdiction over the dispute.
Re: family law
as neither the marriage was solemnized in india nor the couple stayed in india after marriage, the indian courts have no jurisdiction in the above matter. you may have to check with u.s. and canadian lawyer whether annulment amounts to splitting of assets or not.
Re: family law
you have chosen wrong forum as this is for indian laws only. consult US attorney.
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