Legal Question in Family Law in India
US born child, mother greencard holder & father US citien
had traditional marriage in India & registerd marriage in US 2 years back. we live in US- OR.have an infant son who is born in USA. husband US citien and I'm a temporary greencard holder which expires in June 2008, husbands side hid the fact that his parents had divorce intentions which were held back for him to get married. he has abused my physically and kicked me out and abused my parents while they visited me for delivery,I visited India 1st time now since marriage in 2007 with my son as per my husbands consensus. however the night before i had to take my flight he denied me to come back. we speak diff language & this was known to him before marriage but he has been pressuring me to speak his dialect &act as per his mothers choice who came to live with us since her divorce.I have no freedom of speech even with my son & he threatened of going to the lawyers.I was working parttime since v had our son & i have not been asking him for any finances as he cancelled all my credit card, phone and laptop & told me to sign blank papers and also he will put our child in orphange.I'm in india & my US born son has overseas citienship of India.want to know what are my options redg custody of my son in case of divorce & i dnt go to US back?
5 Answers from Attorneys
Re: US born child, mother greencard holder & father US citien
Already replied.
Re: US born child, mother greencard holder & father US citien
you can claim and get custody of your child. you can claim maintianence for yourself and child
Re: US born child, mother greencard holder & father US citien
(a) You may get an order for custody of your son, if he is with you.
(b) Your husband may apply to the Indian court for visitation rights.
(c) Even though the child may have US Citizenship, the Indian courts will decide the custody issue as per Indian laws more particularly when you are still holding Indian citizenship.
(d) You may also get an order for maintenance - for both of you - from the courts in India.
(e) You may also file a case of 'domestic violence' in India and seek return of all your 'istridhan' from your in-laws through the courts in India.
Re: US born child, mother greencard holder & father US citien
already replied
Re: US born child, mother greencard holder & father US citien
You may seek custody of minor and maintenance both for you and minor from Indian Court.
This reply is without any prejudice and always consult local lawyer.
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