Legal Question in Family Law in India
Please help
Hello,
My husband and I have a 4 month old baby who is born here in colorado and we are green card holders but married in India. My husband moved out of the country without informing us and I do not work and have limited amount of money. He closed all our joint accounts as wellas credit cards. I am thinking of gong to India with my baby. I dont know what to do.I am scared that my baby will be taken away. Incase I leave my baby wityh my mom in India and come here are there any risks. Can my baby benefit from child wellfare. What other benefits I can get? And what steps should I take to protect my baby and myself?
5 Answers from Attorneys
Re: Please help
It all depends as to where the marriage was solemnised. It is advicable that you come back to India and if you are governed by the Indian laws, then you can redress your grievances before the proper forum which can only be analysed after a detailed facts are placed before the attorney.
Re: Please help
First and foremost you should not bring the child outside USA, as your husband is not there, if you bring the child outside USA your husband will definetely will file kidnapping of child on you and get you arrested.
If your are educated and capable of earning then look for a job there itself, try to bring your mother and father to your place, I know lot of difficulty of financial position will be there, or you can search a job and leave the child with baby sitting in known place.
you have to search your husbands whereabouts, as he has to maintain the child and you until a job is found. even afterwards he has to take care of the child.
Your husband would not have gone out of US look for him in his place of work and make enquiry and search, meet "free legal advisors, or attorney" they will be able to guide you and advise you. dont take hasty decision. move out to some other city where people are known to you and they might try and help you out of this situation.
Do Not under any circumstance come to India probably this is what your husband wants. try and trace his Social Security Number then it will be easy to trace his whereabouts.
Regards
B.Balasubramanya.
Advocate.
Re: Please help
When and where you got married? was the marriage customery and the registered ? Assuming that you were married undre hindu rites and custos You are free to come to india and sue your hsband for permanent maintenance and for your child as well. You can demand marriage expense for the child in addition to maintenance should you have a daughter. We have handled similar kind of cases, where more often than not, after the case is filed in the Indian Court ( mainly the case would be for restitution of conjugal rights to test the husbands real intention) and later on the husband agrees to settle a lumpsum amount as compensation for both parties to apply for a divorce by mutual consent. You can call 911- 044- 28515229 098403 20808 or email to [email protected]/ [email protected] giving fuller particulars such as mentioned above and what you think the cause for your husbands' abandonement. It is quite likely tghat your husband may file a petition in th us court, where divorce are easy and it is not known whether you live in a community state ( in which case you can claim 1/2 share of the assets of marriage life.). Please provide your full details to enable a detailed opinion in writing by us.
Thanks and regards
S.Seshadri
Re: Please help
Dear Madam,
I have read your email with details of your matrimonial problem. It is our advice that, come back with baby to India and claim maintenance for yourself and the child as per the provisions of Hindu Marriage Act. The child with you is the natural and good custody of the child and that cannot be disturbed and taken away by anyone and even husband. If you desire to keep your child in India with any good and healthy custody, you can take such decision in interest of child welfare.
You may consult us for further legal advice at the below mentioned contact. We are ready and competent to deal with such matters and can provide able assistance to you.
Our contact details are:
Mob: 09824033212
09824386738
Mail: [email protected]
Re: Please help
Hello, cross country marriages have thier problems. if you were married in India then the Indian laws will apply to your marriage. The Indian law have remedies prescribed in your situaation. but before one gives any advise certain questions need to be answered a) place & country of marriage b) The citizenhip of both the spouses, is your husband an Indian Citizen or has he obtained US citizenship. c) where do his parents live. d) Does he have any property/bank account in India e) to which country has he moved. f) was this marriage registered in the US g) Even if the marriage was not reperformed/registered in the US you have other laws which protect destitute women like you in the US.
Revert giving answers to these questions and we may be able to help you plan your next steps
Best wishes