Legal Question in Family Law in India

Re: US family needs non-mutual annulment/divorce from Gujrat familt marriage

FILE THE DIVORCE IN THE UNITED STATES.

Regards,

Damian Nolan

Re: US family needs non-mutual annulment/divorce from Gujrat familt marriage

A suitable legal strategy can be framed only if you disclose a few more material facts. Your answer to some of these questions can enable a good lawyer gauge a clearer understanding of your legal situation. For instance, was the so called 'marriage' solemnized in India or the U.S? Did you live together in India or the U.S? If so, where did the two of you last reside? If the two of you ever resided together, then did the so called "marriage" get consummated? i.e. did you have sex? Is there any record that the other side might have to prove this `marriage'? Was ratification and acceptance of the marriage done under U.S Immigration laws? Would it be true to say that during your trip to India you may have been lured into a `marriage'. If so, did you live together in India? If your answere is a Yes!, then you are under a legal obligation to bring matters to its logical conclusion. Also did the two of ever live together in the U.S? Based on these and more responses, you could seek annulment of the marriage on the ground of lack of free consent, undue influence, fraud and misrepresentation etc. Such a decree can be sought from both a competent U.S or Indian Court depending on the jurisdiction. If you have never lived together in the U.S, then a U.S court may not strictly have any jurisdiction on this matter and even you succeed in getting a U.S court decree that may not be recognized in India and would therefore not be legally binding on the other side. Whereas, if you lived together in India then you are bound to seek a decree of annulment of the `marriage' for the grounds cited above from an Indian court to absolve yourselves under Indian laws. Modern day conventions do permit your so called wife to seek restitution of conjugal rights from an Indian or U.S court and consequentially engage you in a legal battle in a U.S court for various reliefs including damages. So please do not ignore your legal situation in India or allow it precipate into a crisis. Take matters under advisement of a competent attorney who specializes in both Indian and U.S matrimony laws. Check Martindale Hubell lawyer listings for such an attorney who is well versed in both Indian and U.S Laws. Good luck!!!

Re: US family needs non-mutual annulment/divorce from Gujrat familt marriage

The Most relevant question here is where did the marriage take place and under what laws - US or Indian laws??? Was the marriage registered?

The solution lies in an answer to the questions.

Re: US family needs non-mutual annulment/divorce from Gujrat familt marriage

Before I suggest something I need to know a few things:

1) What is the immigration status of the you and your spouse? Does she reside with you?

2) Have the papers been filed with the immigration authorities to get her to US.

3) Where did your marriage take place?

If your spouse is in India then your divorce will also have to be from Indian courts. We can help you with it once we have the above answers. We will guide you towards the divorce in the fastest and most economical way.