Legal Question in Family Law in India

My husband is an US citizen and so are my girl (5) and boy(2), i am a Greencard holder. We have been married for 8 years, I have been through hell for most of the time both from my husband and from my in-laws who my husband always leans for. I am very submissive and still under restrictions to see my parents whenever i visit India. From physical abuse to mental abuse i have been through a lot. I think a lot for my kids future and try to put up with a lot with abundant patience. But lately, i feel enough is enough. Considering divorce, will I get child custody of both my kids(i really want to). My husband has not phsically taken care of my kids right from they were born. He is a bread winner, thats it. He is kind with kids but sometimes really wild with them too. I really do not wish for his money or any child support. I am confident I can take care of my kids, all i want is my kids whom i think are my future. Will i get child custody in case of a divorce (hopefully in India)?


Asked on 12/06/10, 7:50 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

you must understand that matrimonial laws in india are different than the law on the subject in US. Moreover, within usa, laws are different in different states. Yes, you may get the custody of both children and their maintainence be it may India or USA. Please, you must do your home work properly if you decide to initiate an action. For divorce in India, marriage must have taken place in India.

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Answered on 12/06/10, 9:32 am


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