Legal Question in Family Law in India
hi,
My husband has filed for Divorcee in Jan 2009 till i haven't claimed maintanence. from jan 2008 we are living seperately. so can i claim for the past years.i have a 5 yr old son. he earns in USD and having own houses in india and USA and a Land in Bangalore and a good bank balance.with 3 cars 2 in USA and one in INDIA. Can I ask for CAR and computer in MAintanence along with house hold things coz iam living dependant in my parents house only. i wantto lead a seperate life . i have to Start from Scratch for all items . help me how to claim.
thank u
4 Answers from Attorneys
yes, your husband needs to maintain you as per his living standards and you can claim the right to residence in the house in india and can also claim maintenance. file a complaint under domestic violence act and seek appropriate orders.
Please send ( by email/ mail) the divorce petition copy alongwith your answer if any to the US court. Also the copy of the US court order if you have received.
Kindly refer to website www.lawconcern.com about why US court order of divorce may not be valid in India.
You are certainly entitled to a permanent alimony and that can be in the form of house/ car as discussed and mutually agreed with your husband on mediation.
My emails: [email protected]
Phones: 98403 20808 /28515229
you are eligible for maintainance. please contest the divorce case. since he has sufficient income, he is required to maintain you with same standard of life he is living. any clarifications mail : [email protected]
You are legally entitled to live as per his "standard of living" at the time of separation. You may even claim a residence in USA and seek visa/residency under special laws for "domestic violence victims".
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