Legal Question in Family Law in India

Re: do not want to come to India

i am handling similar cases where the person residing abroad, sends a duly notarized or attested by consulate power of attorney and his or her case is faught here in india in absenti. even the cross examination can be done with the help of net. your problem can be solved and you may come out of it without much of trouble and without visiting delhi in case you appoint an attorney and that attorney could be any of your relative or friend or even your lawyer. you may call upon me at 9811284735, delhi for further clarifications on this issue.

Re: do not want to come to India

i dont know the laws of usa but in india you should seek help of any local lawyer to take care of your case. i feel you need not to come to india frequently and will be called only when very neccessary. and even a single visit can be avoided.

For further and detailed advice please consult personally with documents. Consultation charges will apply.

Re: do not want to come to India

last thing first; Yes, you can file a divorce petition in USA more particularly because your wife has H-1B status.

If you decide to visit India to defend yourself, the courts may ask u to deposit ur passport; and return of passport may be delayed without giving any specific time. you may consult with more details by e-mail or phone.

Re: do not want to come to India

Yes,you can file divorce case at USA on the ground of desertion if two years of desertion has completed and cruelty and in regard to cases in India is concerned you may appoint your attorney for cotesting case on your behalf.In order to criminal case,details are required to suggest the ways to counter the criminal case and to suggest preventive measures against her.so contact with details and you may also contact on my mobile no.9873343288.

Re: do not want to come to India

You have to defend yourself in Delhi Courts, personally or through a counsel. Indian courts can force your presence as also exempt the same depending upon the circumstances and the nature of litigation. Once you have received court notices/summonses, you will have to hire a lawyer to work upon the case(s). More through direct email correspondence only.

Re: do not want to come to India

First of all, in the circumstances stated by you, it would be advisable to file for divorce in India and not in USA.

Secondly, you should surely defend yourself and your family against the case us/498A and s125 filed by your wife.

Thirdly, no you do not have to come to India for either filing the divorce case or for defending yourself against your wife's cases. Your lawyer can do so on your behalf; however at the time of final hearing you will have to be present.

You should also apply for and obtain bail/anticipatory bail in the case u/s498A.

Re: do not want to come to India

You know that under Indian Law, you are liable to pay the maintenance to your even after the diovorce till she re-marry.

If you want to defend yourself in the cases filed by your wife than you have to come India and not in USA.

You may file divorce case against your wife in USA as when she deserted you, she was residing in USA. For further query contact me

Re: do not want to come to India

in order to defend yourself you have to come to India and about the maintenance you have to pay her till she get re-married

for further information contact me

all the best and take care