Legal Question in Family Law in Illinois
claiming compensation in US if marriage terminated in India
I am muslim married indian citizen married to US
citizen who has dessertted me since 2.5 yrs and denied
to maintain me or give my marital right . threatens me
with divorce had to face hard time at inlaws house and
in grave situation I left hime and since a month is at
myt parents place.
What is my standing I can't afford to go to US to
fighta case will filing a complaint at Embassy will
solve my problem will they help me get justice what
are my legal standings in this situation.If I file a
case against him he 'll take use of unilateral divorce
in muslim personal law and send me the papers or
publish them and if he doesn't turn back for years
where do I hunt him for compensation or his
responsibilities towards this marriage.can I claim
compensaion in US courts if he fails to appear in
Indian court will US givt help me or if I make on my
own will to US will I get pro bono facility or will I be able to
sue him for compensation in US courts regardless the fact
marriage was solemnized and ended in Indian courts on
grounds of his non availaibility in courts can I calim anything in US courts.
3 Answers from Attorneys
Re: claiming compensation in US if marriage terminated in India
You please contact the U.S embassy in New Delhi and inquire about your husband. If possible give a complaint about him in writing to the embassy requesting them to take action against him. It would also be advisable to contact Indian Embassy, Washington DC and inquire about the possible action against your erring husband. They would help your. You can contact them by going to the web site www.indianembassy.org.
Re: claiming compensation in US if marriage terminated in India
You appear to have a good case for filing in U.S. You can not file a complaint with U.S Embassy. Please answer the following questions and if possible I will try to help you by finding out an American lawyer. I need the following information.
1. When did you get married? Is there proof for it?
2. Proof of the fact that you were admitted to U.S as wife of your husban.?
3. Proof of the fact of your co-existence with him.
4. The amount your husband is earning now. His age and your age?
5. A suit can be filed in American State Court of your residence subject to an American doctrine called selection of forum or in Federal Court of the United states.
While I can not personally handle your case, as I'm an Indian Advocate I think I can enable you to get a lawyer in U.S.
Thank you,
N. Ramaswami
Advocate
91-44-4421794
Re: claiming compensation in US if marriage terminated in India
The facts of your case appears to be familiar. Yes, you certainly can file a case for compensation regardless of the location you are presently at. However, US govt. including embassy here in India is not at involved in matter of matrimonial disputes. Since the spouse is a u.s.a citizen, it will be possible for one to file a case in the state where he/she has lived for more than six(6) months. If you are in USA state assistance for an attorney is available. In some states/cities Bar associations also provide such facilities. It depends from state to state.
regards,
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