Legal Question in Family Law in India
Hi,
My brother who is doing postdoc in US is on H1 VISA. He got married to MBBS qualified girl in 2002 and took her to US. She was OK for some time and after some day she started behaving as if she had some mental problem. She never behaved normally. Afterwards she kept on stressing to go to india and she was sent to india after one year. Later she stayed in her parents place and never came to our house. Once my brother cam back from US during his term vacation she went to his inlaws place and came with her to our house. She started telling she wants to go to her native place again next day itself. My brother informed her parents and girls mother and 2 brothers cam and tried calm her and stayed with her in our house for 10 days. Since my brother was visiting india after 1.5 years, we planned a small tour of temples.
Her mother also accompanied her. In the first day only she started quarelling with her mother saying we will go back in the vehicle. So we returned very next day.
The next day my father told her mother to take her as she does not want to stay here.
After some days they all came and requested my parents to take her to our house. Later my parents also agreed and requested my brother to adjust yourself and take her.
Once she was sent to US, she started the same problems again. She used to say people look at me and laugh, she gets fear and never bahaved as a normal person. When she started creating noise and started quarelling to send her back, my brother sent her to India.
Both of them came back to India and my brother took her to psychtrist in Banaglore. The doctor said she might be suffering from mild schezofrinia. My brother still manged to adjust and took her to US again.
She started the same thing again and this time he sent her without informing us as we were every time forcing him to adjust and carry on with your life and she will be OK one day.
She is in India sine June 2007 and they are living seperately for more than 2 years.
Since it was too much for him, he files Divorce in July 2009 in Michigan.
When the court summons were sent to her, Her lawyer sent an answer asking US court to dismiss his Divorce case as they are married under HMA and also asking 5 Lakhs compansation for wrongly sending notice.
The michigan Court send them the order saying even though they are married under HMA, the court cannot follow HMA in US and also since he is staying in US since 8 years, he is eligible to file for divorce. So it also said asking compansation is also not right. It also she she can ask for spousal support if needed.
Since she is MBBS qualified and also mentally not stable what we should do in India.
After the US court send the above letter my brother has some letter from India when he was not at home. So postal people have left a note to collect from post office. Should he collect such letters.
Please advise us how we should proceed with this case.
thanks
Vijay
3 Answers from Attorneys
file divorce case with indian court.
Please refer www.lawconcern.com for some bare details on divorce granted by foreign courts of marriages under HMA solemnized in India.
Apparently the wife had filed a case in India and the summons has been left at Post Office.
In the circumstances, it is better to settle to the matter amicably through mediation as that would avoid long drawn protracted proceedings and bitter prolonging of the marriage which is detrimental to both spouses.
For assistance email :
regards
You may ask your brother to contact with complete details.
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