Legal Question in Family Law in India

Re: divorce

In your case it is to be seen that under which law the marriage was performed.If the marriage was as per hindu custom or Indian law then divorce case can be filed under the hindu marriage Act/Indian divorce Act only.You can file the case for divorce on the ground of desertion if your husband had caused desertion to you and two years had elapsed from the date of desertion.

In your case it seems that you and your husband are living seperately with consent and there is no other problem exist between you and your husband so in such case you & your husband canfile the case for divorce by mutual consent.SINCE your husband is in INDIA hence it is adviseable to file the case in INDIAN Court but if you choose US court then case should be in strict adherence to INDIAN Law otherwise the order, if any would be passed Wouldnot be binding and could be challenged.since the child is in INDIA and if you want custody then same could also be filed in INDIA.

If there is any other query or if you require any assistance then contact me on my mobile no.09873343288.

Re: divorce

I not certain as to whether you are asking how you go about obtaining a divorce or how you go about sponsoring them to come to this country.

Call me if you like on Saturday.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: divorce

You can definitely initiate the legal process as regards for obtaining divorce. You have not mentioned the place and the law governing your marriage & and also not mentioned the place where your huband is currently residing in India for the purposes of jurisdiction. Anyways you may consult a Divorce lawyer in India for further compliances regards your personal case.

Re: divorce

You better consult a lawyer in India,particularly at a place where your husband resides or at the place where your marriage took place.

Re: divorce

ma'm,

i do not see much problem in what you want.

if both of you are agreed, then you can apply for divorce by mutual consent before the court of competent jurisdiction.

normally this procedure involves two sessions, at the interval of six months.

but some courts, when satisfied that the marriage has broken irretrievably, also choose to decree the divorce in the first sessoin itself.

since their is no demand of maintenance or claim, so i do not see any hitch in this.

i would add a word of coution here, that if you obtain any divorce in USA, the same would not be binding in india, unless you get it ratified by a court of competent jurisdiction in india, following the aforesaid method. therefore it would always be advisable to take divorce in india itself.

for further details you can send me e-mail.

we provide legal serives all over india.