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
7 Answers from Attorneys
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
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.
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.
Re: family law
unfortunately NO!
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.
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.
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.