Legal Question in Family Law in India
I got divorced in USA in Dec 2009 where it was contested divorce and also got sole child custody in USA Court. But knowing this my ex-wife filed Resitution of conjeal Rights in India and got it as exparte without my knowledge The court asked me to join her in 2 months from the judgement. After knowing the facts i tried to fight back in Local court before the expiry of two months - which was dismissed due to my absence as it was represented by my lawyer, In this circumstance what are the options i do have and how do i need to handle this - please advice.
She after loosing the 1 year battle of Divorce case in USA, filed couple of other cases in family court of India saying to dismiss the US Court judgement and make it void. And took 3 months injection so that i should not remarry. Is that correct and maintainable under law ?
I am a indian Citizen living in US for last one decade. How do i get the divorce annex in india and do that need my presence in India. And how can i get my US Citizen Son back to USA. Can we directly file this issue in Apex court of India or what is the procedure as its already 2 years she is keeping away my son from me and harassing me.
Thanks in Advance for all your time and suggestion.
4 Answers from Attorneys
As i earlier told you.
You have to execute your divorce and we can help you to do this.
Let us provide your detail of residence in India and other details.
We will try to exempt your appearance but first of all we should aware about your location.
Apex court will not deal this matter.
Regards
Yes, you are entitled to directly file a petition in Supreme Court of India for custody of your son. I understand in similar situations, the Supreme Court had sent US CITIZEN CHILD back to USA.
in your situation, once you have obtained divorce and child custody, you stand a better chance of getting the cases in India quashed an your presence is not required.
You are entitled to directly file a petition in High Court of respective state in India for physical custody of your son. Please try this option
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