Legal Question in Family Law in India

hello,

I got marriaed under HMA.My hubby works in US on work permit visa.I joined him in US.During my stay in US my hubby once told me that his parents were not happy with me.So they would come to our place in US to break our marriage.So he adviced me to write an letter on 12 jan 2008; that i have decided not to stay with him as husband and wife.i will stay with his as friends as long as i will live here.He said if i would write the above stated statement then his parents would not visit us in US.trusting him i wrote that letter.But now in india in maintenence case he is showing that latter as a evidence that i decided to break our marriage.This is completely false.He has also filed for divorce in USA.There he has mentined date of seperation as july 2nd 2008 and i also mentioned the same date.

My hubby lied to me and convinced me to wirte that letter.But now he is showing it to proove that i break this marriage wich is wrong. I wrote that letter on jan 2008 whereas in divorce petition in US both of us have mentioned our date of seperation as 2nd july How can i defend that letter?

thanking you in advance.


Asked on 11/30/09, 10:11 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

be truthful; state the fact. the divorce proceedings in USA are not valid. in India, you cannot be deprived of maintenance even if that letter is received in evidence.

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Answered on 11/30/09, 10:49 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can plead undue influence on the part of your husband that he unduly influenced you to write the letter to his parents in order to avoid their visit to US. you can plead that as you were there on his mercy, you had to write the letter. as far as indian courts are concerned, the letter may not prove fatal to your maintenance case.

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Answered on 12/01/09, 2:06 am


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