Legal Question in Family Law in India
Fighting a divorce case in India while in U.S. of A.
My wife left me and went to her parents place while I was in India. It has been 4 years now. It is been 3 years now that I am in U.S. of A. When she left me I was struggling in my career and was unemployed. Now she has filed for divorce and claiming 1/3 on my salary. I cannot go to India to fight this case. What happens if an Indian court orders a ridiculous amount to be paid? Can an Indian court order and American firm to deduct 1/3rd of my paycheck and pay to my wife? Is my company obliged to follow these orders?
3 Answers from Attorneys
Re: Fighting a divorce case in India while in U.S. of A.
No, the Indian Court cannot order an American Company to deduct; but of course, an order you to pay- whether from your Indian asset or otherwise.
The proper remedy for you will be to fight it out, even from America, by appointing a competenet lawyer to represent you.
Re: Fighting a divorce case in India while in U.S. of A.
In my opinion the courts can order you to pay maintenance,if you are an Indian citizen.The court's order will not be binding on the American Company.However the court can direct payment of maintenance from any assets in India.
Fighting a divorce case in India while in U.S. of A.
Usually, it takes an American court order to cause an American company to deduct from an employee�s paycheck, so an order from an Indian court will probably not be effective to cause the deduction. However, real issues are being decided in the Indian court with notice to you that the Indian court is exercising jurisdiction. If the Indian order is subsequently brought to an American court to obtain a new court order for child support and payroll deduction, the foreign order will carry some weight in the American court.
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