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.


Asked on 6/08/02, 9:20 am

3 Answers from Attorneys
S.M.Habeeb Mohamed Law Office

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.

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Answered on 6/26/02, 1:16 pm
Ramaswami Natarajan Ramaswami & Associates

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

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Answered on 6/08/02, 9:46 am
Vishwa Arya Arya & Co.

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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Answered on 6/08/02, 4:01 pm


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