Legal Question in Family Law in India

divorcee for dessertion

hi, we got married on 2002 child on 2004, seperated on 2005.both green card holder of USA.due to visa problem i could n't return to US.husband came to my house on 2006 jan.not stayed. i met him in chennai again on sep 2006, not stayed together even though he is chennai resident,promised he will proceed for visa for me. again i went and met with my 4 yr old son in chennai on jan 14 2008 and we all three stayed in hotel for 3 days. he left .he sent me legal notice thro adv on dec 2008 and filed for divorcee decree on Jan 2009. is it possible for him to file for divorcee under dessertion. esply before 2 yrs after we stayed together in hotel. in b/w 2005 and 2008 we do have communication now and then as he always changes his mind bcoz of inflluence of his family members.at present he is living with another women from june 2008 . in USA i cant prove this except his friends all know this andthey wont take risk of witnessing in the court thanks.


Asked on 6/19/09, 5:56 am

3 Answers from Attorneys
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: divorcee for dessertion

generally the desertion period starts from the date when both the parties starts living separately, however minor meetings does not condone the separation unless cohabitation resumed between the parties.

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Answered on 6/19/09, 7:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorcee for dessertion

your statement is contradictory; you said "both green card holder of USA". If that be so, there could not be any visa problem; and there is no reason for you to live in India.

anyway, the divorce filed by your husband in USA may not hold good in law if you are contesting the same;

you may be entitled to maintenance / spousal and child support.

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Answered on 6/19/09, 9:11 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: divorcee for dessertion

You are not clear where the marriage took place,if it was in USA then divorce may be decreed as per US laws but if it was in India then your husband has to seek divorce as per HMA in India.Moreover you mentioned both of you are green card holders then how does the question arises about your husband promising for your Visa process.You may have relief like maintenance and custody of your son.

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Answered on 6/19/09, 11:49 am


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