Legal Question in Family Law in India

Hi, I am a US citizen who filed for divorce in Andhra, India against my spouse in Dec 2008 . My spouse abandoned the kids in Sept 08 and they are with me. I have put my kids in a residential school and taking care of them. Now my spouse has filed for restitution, custody of the children and alimony to take care of the kids. My spouse is a sick person who wants to drag the case with no intention to lead a peaceful life. What options do I have.

Can I leave the divorce process midway and go to US and have the closed easily? What are the implications? If I leave what happens to my property. Please advise


Asked on 4/07/10, 2:50 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may leave for US and hire a lawyer in india to take care of the on going cases. regarding the property, your wife only has a right to reside in one of your properties but has no right to sell them off or claim the ownership. you need property legal assistance in fighting your case. the decree granted by US courts also need to be authenticated in india.

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Answered on 4/07/10, 2:53 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If you would want to go to USA, you should seek court's permission for taking the children with you.

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Answered on 4/08/10, 9:40 am


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