Legal Question in Family Law in California

Re: can i get help?

you can not file divorce petition in India, since you got married in US and your last residing with your spause was US and also your spause is currently in US. If she comes India then you can file divorce petition here and that too will depend upon circumstances.

Re: can i get help?

You nor anyone else MUST stay married simply because their ex is no longer in the same jurisdiction as one another. Albeit, it is ALOT easier for a legal marital dissolution to occur where the parties are domiciled in the same location. If you and your ex are still on fairly amicable terms, and no one is contesting the "putative" divorce, now or when it was originally filed, you do have GOOD options in taking care of this matter fairly quickly, and without having to return to the US or she to India. contact us today for further, prompt assistance in this matter.

Re: can i get help?

If you can establish warranting and compelling circumstances, then you have an option of filing the divorce petition in India, however, a conclusive opinion can be given once we have the entire facts at our end.

Re: can i get help?

Please mention if you got married in a church or was it a marriage before the Registrar in US.

Please forward a copy of the Petition filed by your wife in US court and also the court order copy to asecrtain WHY the court refused to grant divorce there?

While you cannot file a divorce case in Indian courts due to technical reasons, you should be able to get a LEGALLY VALID DIVORCE without you or your wife visiting a court is US or in India provided both you and your wife agree to get divorced now. Please ascertain if your wife REALLY wants to cooperate NOW.

The TOTAL COST of this WOULD BE ( leading to a LEGALLY VALID DIVORCE IN INDIA AND ELSEWHERE) Rs 30,000/-.

For further details,

Contact:

Mr S.Seshadri,

Aiyyangar & Associates, Advocates,

7A, Queens Court, 130, Montieth Road,

Egmore, Chennai 600008.. email: [email protected]/ [email protected]

Re: can i get help?

hello.

you can divorce petition in India as your ex has neither domicile of India nor she lived here.

You have to varify on what ground her divorce petition was rejected.

Probably it may be on the ground that there may not be any subsisting marriage.And if there is no marriage then no question of divoce arises in the eye of Law.Full advise can be given on seing your papers concerning the divoce proceedings and let me know in which American state you allegedly married?

Because the Marriage Laws are different,in different states of US.

Re: can i get help?

It is very difficult to say anything without seeing the papers.

1. On what grounds did the rejection take place.

2. can your appeal be modified and reviewed.

you have to take a divorce not only in US, but also in India.

with a Mutual consent you can do this.

YOu can go to USA and come back, come on you are a brave person, dont be disheartened, go to USA and resolve the matter and obtain divorce and produce the divorce certificate apply here to be rid of any future problems.

Going to USA will solve your problems rather than keeping quiet and thinking. try to resolve the problem.

regards.

B.Balasubramanya.

Advocate.

Re: can i get help?

Contrary to what my other collegues have advised, I think that you may successfully file and obtain a divorce from an Indian Court.

However, in order to give you a more succint advise, I need to know and see the relevant papers with regard to your marriage in USA as well as the divorce proceedings filed by your wife in USA.