Legal Question in Family Law in India

1. No.

2. Divorce can be sought on grounds available under the H.M.A.

3. No time limit can be determined at this stage.

4. She may engage a lawyer and start proceedings.

What about your friends status ? Is she too an American Citizen ? Please clarify. The answers to your queries are here in below ;-

1) No.

2) She has an option to file for divorce in USA and India and claim Alimony etc.

3) In India no time is prescribed in a contesting divorce but USA the Decision would be in one year time.

4) Take guidance from a lawyer who is aware of the law of both the countries for your friend to decide ,which country to go for Divorce according to her circumstances.

even though there is no marriage certificate and support of family, there is no bar for you friend to file a petition for divorce. she may simply engage a lawyer and brief him the facts of the case and a petition for divorce can be filed. even if your friend has acquired US citizenship, she may appoint you or any of her friend or relative as an attorney and the attorney would appear on her behalf in the court of law. She is not required to be present on each n every hearing.

Not at all it is not at all necessary to have Certificate. Your friend can file for divorce petition. No prediction relating to time can be declared.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Already guided in your other query. One year is not necessary for contesting divorce, you may contact us personally to findout the short way out.

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