Legal Question in Family Law in India
divorcee for dessertion
hi, we got married on 2002 in India child on 2004, seperated on 2005.both green card holder of USA.due to visa problem since i didn't return to US within 6 months due to my skin lesions myhusband 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. every year he visits india for vacation, he never come and see me or my child on his own.i used to meet him with help from his friends while he was in INDIA.He left to USa.he sent me legal notice thro adv on dec 2008 and filed for divorcee decree on Jan 2009 in india. 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.
2 Answers from Attorneys
Re: divorcee for dessertion
i think i have already replied the same query one or two days earlier
Re: divorcee for dessertion
(a) His entitlement for divorce may depend upon several factors and the pleadings in divorce petition. Therefore, without perusing the divorce petition, no opinion may be given.
(b) You may seek information from USA about his relationship and produce that evidence before the local police in India for his prosecution under bigamy.
(c) You may be entitled to green card under a special category introduced recently for victims of 'domestic violence'.
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