Legal Question in Family Law in India
husband has got divorce from US.
we got married last year and then my husband left to USA. he is an american citizen. he then filed for divorce in the texas court and has been awarded an ex-parte decision. i am staying in his house in chennai, india, and that was my only hold on him, but now he tells me that he has sold the house. what are my rights? what should i do to protect myself? i am not working and my parents are no more so i have no place to go if i leave this house. i am at my wit's end. pls. do let me know what i can do.
7 Answers from Attorneys
Re: husband has got divorce from US.
1. The court in US may lack Jurisdiction to pass divorce in your case as the same is void under India law under given facts in your case.
2. You may approach Family court at chennai for Maitenance and attachment/Charge over the property.
3. May seek injuntion in same suit/Petition from Your husband or any person claiming in his name from alienating/encumbering the property in any manner what so ever as also for injuction from dispossesion.
Re: husband has got divorce from US.
If you have got married in India and you have not submitted yourself to the Texas Courts then the divorce is not valid. You can approach the Chennai family Court by filing a suit for injunction stating that youshould not be thrown out of your matrimonial house. Also file for Domestic violence case against your husband.
Re: husband has got divorce from US.
firstly , u may file a complaint under domestic violence act and seek residence orders of that house. you also pray for the orders that your husband be restrained from disposing off the house. as far as divorce in texas is concerned, that is not binding upon u as marriage was solemnized here. consult a good lawyer.
Re: husband has got divorce from US.
It is amazing that the one court in alien country has passed divorce decree! Only the court of country where marriage was solemnized is competent to pass decree of divorce. Act of your husband seems to be within Domestic Violence against which you may have declaration from the competent court of law having jurisdiction in your area praying restraining your opposite party to alienate house you are occupying at yet with occupancy rights.
Re: husband has got divorce from US.
As far as divorce is concerned as you have not subjected your self to that jurisdiction it is not binding on you . you can file a suit for injunction restrianing from you being dispossesed for the said property. you can also a complaint under domestic violence act and seek residence orders of that house. you also pray for the orders that your husband be restrained from disposing off the house.
Re: husband has got divorce from US.
you should contact a good senior local lawyer with full details as many questions like where and under which Act your marriage was solemnized? Whether divorce obtained from US is/was a valid one etc should be considered.
Re: husband has got divorce from US.
(a) The divorce obtained by your husband from Texas, USA, court is not binding upon you, unless you have consented for the same.
(b) You are entitled to continue residing in the house.
(c) You are also entitled to "maintenance/spousal support".
You may file a petition in the local District Court for interim maintenance, permanent alimony and residence order.
You are also entitled to protection under the Domestic Violence Act.