Legal Question in Family Law in India

you can file the divorce case in india if the marriage was solemnized in india. you need to show some proof that the cause of action arose in india. as you both and your children are US citizens, to my mind, in the light of latest ruling of SC, you may have to approach US courts for settlement of your matrimonial dispute. however, i would like to see all the documents and know all the facts before i could be sure of maintainability of case in india.

The maintainability of the petition is a big challenge for you before one opines on the maintainance. The bank accounts in USA may be attached. The court may compel him to give particulars of the assets for payment of maintainance.

According to me unless and untill you are a citizen of India OR the marriage has taken place in India you cant file the divorce case since you are not the citizen of India. You have to approach the U.S. Court for the same. But exact advise can be given only after having a detailed conversation.

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DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

if both parties agree to it the divorce may be taken by mutual consent after deciding consent terms to avoid all complications.