Legal Question in Family Law in India

Re: divorce

I assume you and your wife are hindus and married as per hindu rites and customs and thereafter registered as a customory hindu marriage.

Divorce by mutual consent cannot be filed in India or even in US Since you seek it within a year of marriage becuase the Indian courts refuses to recognise foreign court divorce decrees if they are in violation of hindu law.

However, from the facts of your case, it appears that A LEGALLY VALID MAIL DIVORCE ( valid both in US and in India) CAN BE ACHIEVED AT A TOTAL COST OF Rs 25,000/- without you and your wife having to travel to India.

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: divorce

In your case you are too eager to divorce without finding the problem, first speak to her and find out why she is lliving at her relatives place, bring her to your place, no one can stop you from bringing her to your place, if she still does not come, find out the reason.

As for divorce it is not so easy to divorce, you have to complete one year after marriage, since you are married in india, it is better to divorce in india onlyl;

if she has used you to get married only to get visa then inform to the US EMBASSY without notifying her and they will send her back to India.

Regards.

B.Balasubramanya.

Advocate.

Re: divorce

India only.

Re: divorce

since you both are Indian Citizens and married in India based on the place where you have resided last in India you both have to file divorce by mutual consent-petition in the court in India .Before that you are required to stay separate for at least one year.You cannot file divorce petition in USA--------Pravin Vaidya

Re: divorce

You may be able to have the marriage annulled in New York. By doing this, you can avoid the expense of travel in India.

Please call me to discuss.

Daniel Clement

[email protected]

Re: divorce

If you had NOT consumated the marriage and you both consented to jurisdiction in NY, grounds might exist for an annulment.

Even if you both could consent to be divorced in NY, and subject to NY, jurisdiction for purposes of obtaining your divorce; You DO NOT HAVE grounds or a "cause of action" for a divorce, under NY law, because you have not been married long enough.

The "grounds" or "cause of action" for a divorce must exist w/o interruption for a minimum time period of at least a year.

Also, unless your spouse has a right or license to stay in the US, apart from her being your wife, after severance of your ties, she will be compelled to leave the country. Which I imagine would likely result in her refusing to cooperate with you, in obtaining a divorce or annulment of the marriage, whether in India or the USA.

Good luck

Re: divorce

You may have to file for divorce ( by mutual consent) in an Indian Court having jurisdiction.

Re: divorce

You can file divorce petition in NJ since she is currently staying there. Indian law says you can file divorce petition at the current place where the spause is living or where you both lived togather.

Re: divorce

Since the marriage took place in India and you are governed by Indian family laws you will have to file a Petition for divorce in the appropriate court in India within whose jurisdiction the marriage took place. If you are a Hindu, a Petition for Divorce by mutual consent can be filed. The Petition will be taken up for hearing after six months from the date of presentation of the Petition and the court will grant a decree of divorce if it is satisfied that the averments made in the Petition are true. However no Petition for Divorce can be presented within one year of marriage. Since your marriage took place only four months back you will have to wait for another eight months.

Re: divorce

You have an option to file the Petition either in India [where the marriage was solemnised]or where the Respondent is residing at the time of filing of the suit OR where the parties were ordinarily residing together after marriage.