Legal Question in Family Law in India
Hello,
My Mother is married since 1979. My father left USA to study and work in 1983. He was in constant touch; however, we got minimum financial help from him as he always claimed, he doesn't have a good job. We came to know now that he got married in USA. The lady is Indian, we dont know whether they got married in India/ USA but they even have a child. For past 1yr my father is asking/ threatening my mother for divorce and somehow she is avoiding the situation. She is a retired Govt employee. We are 2 children, my brother and me, both married.
Now, we would like to know how we can proceed.
1. Does she need to file a case in USA as now he is a US citizen?
2. Can she claim compensation?
1 Answer from Attorneys
1. She may lodge a complaint with local police for offences of bigamy and cruelty under IPC.
2. She may also seek compensation under D.V.A.
Her options to initiate criminal / civil action in USA are of course open. She may even apply for a US immigration under a special category meant for victims of domestic violence. However, even for that she need to first lodge necessary complaints in INDIA and start the process.
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