Legal Question in Family Law in India

Husband in US

My husband lives in US. My minor daughter and I live in India. My husband who is a green card holder and his extended family have threatened to file for divorce. My husband has not been in communication with me for the past 5 months. Please let me know if it's possible for him to get a divorce without letting me know about it both in India and the US. So far he has never supported my child.


Asked on 12/04/07, 4:57 pm

8 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Husband in US

No without your consent it is not possible to get a divorce.Maintainence can also be claimed for you and your child.

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Answered on 12/05/07, 8:50 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Husband in US

(a) You are entitled to alimony for your child as also for yourself by filing a petition in India and the order can be enforced in USA.

(b) The possibility of your husband getting divorce in USA will depened upon the State laws; Please let me kinow in which State he is living;

(c) Have you stayed with him in USA?

If yes, for how much duration.

(d) Also please let me know if you had any shared accommodation and property in USA.

(e) What is your USA - visa status?

You may provide me detailed information by e-mail so that I can give you an more detailed and appropriate opinion. NO CHARGES.

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Answered on 12/04/07, 7:52 pm
Amit Shukla AS and Associates Legal Services

Re: Husband in US

Divorce is not possible without your consent and knowledge.For more advice pls contact personally.

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Answered on 12/04/07, 8:51 pm

Re: Husband in US

No,it is not possible though manipulation on part of your husband can not be ruled out.For rest like maintainance,you have legal remedy.Contact personally with details.Professional charges are applicable.

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Answered on 12/04/07, 8:56 pm
G. M. Gupta gmguptaandassociates

Re: Husband in US

i can not tell the laws of US but you can file an application in courts there to inform you if such application is filed by your husband.

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Answered on 12/08/07, 10:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Husband in US

There are few questions i would like to know to formulate some advice for you

(1) Have you stayed with him in America and if yes then what was the duration (2) What is the current status of your visa.

AND advice on the initial level is as mentioned below :

(a) Your husband may get divorce but it one more time depands on the state laws.

(b) You and your child have right to get the maintenance/alimony by filing and petition in India and the order can be enforced in America.

Please furnish the information which i have asked by e-mail or by phone.

There are no professional charges applicable.

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Answered on 12/05/07, 12:00 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Husband in US

There are few questions i would like to know to formulate some advice for you

(1) Have you stayed with him in America and if yes then what was the duration (2) What is the current status of your visa.

AND advice on the initial level is as mentioned below :

(a) Your husband may get divorce but it one more time depands on the state laws.

(b) You and your child have right to get the maintenance/alimony by filing and petition in India and the order can be enforced in America.

Please furnish the information which i have asked by e-mail or by phone.

There are no professional charges applicable.

Read more
Answered on 12/05/07, 12:00 am
Nandita Haldipur Haldipur Associates

Re: Husband in US

generally without notice to you he cannot get a divorce. but you can filed for maintaince in india against him

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Answered on 12/08/07, 1:49 am


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