Legal Question in Family Law in India

family law

Sir, the husband and wife indians and they are residing in U.S.A and they are green cardholders and they had baby boy was american citizen, the husband trying to file divorce case in U.S.A , Can we stop the proceedings in U.S.A from here


Asked on 6/23/07, 8:04 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: family law

good evening..

if the person i.e. the wife is presently in india and if u are served with the court notice then yes definately we can prepare a notice and can fax to the courts which come in the jurisdiction

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Answered on 6/23/07, 8:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: family law

yes, if the wife is in India, she can stop the proceedings by filing a case in India; the Hindu law will apply if the parties were Hindu at the time of marriage; the jurisdiction of US courts can be questioned.

please provide me details about the residence of boy in USA because US laws vary from State to State.

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Answered on 6/26/07, 9:21 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: family law

yes, you may certainly file a divorce petition from india and the girl can send a power of attorney in your favour and you can proceed with the petition. in case the husband files a petition in the u.s., you may send the certified copies of the petition pending in india in order to cripple his action.

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Answered on 6/27/07, 3:09 am
kavitha balakrishnan kpp associates

Re: family law

unfortunately NO!

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Answered on 6/25/07, 1:09 am
rajeshwar sharma rajeshwarnathsharma

Re: family law

You cannot stop the proceeding of the divorce case filed by your husband from here and in that event you will not get any success. No one has any right to stop from availing legal remedy. It is better for you defend youself.

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Answered on 6/24/07, 12:56 am
Alok Sharma Alok Sharma & Associates

Re: family law

The answer is big NO. There is no law, which could prevent courts in USA from proceeding with the petition for divorce to be filed by husband there, if it is legal to do so in accordance with the law there.

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Answered on 6/27/07, 2:52 pm
G. M. Gupta gmguptaandassociates

Re: family law

yes u can but u have to hire the lawyer from there as only he will know what to do there. anyway it is adviced that you personally attend the proceedings to get maximum benefit.

alternatively you can provide me the family laws books of that place and i can go through it and advice you.

For further and detailed advice please contact personally alongwith documents.

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Answered on 7/07/07, 2:04 am


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