Legal Question in Family Law in India
International divorce law & human rights
I CAME FROM INDIA ON K1 FIANCE VISA WITH MY SON ON K2 & MARRIED A US
CITIZEN GIRL IN U.S.A.FIRST FEW MONTHS ALL FINE THEN MY WIFE STARTED BEATING
MY SON & ABUSING HIM & ME ALSO.IF I TAKE MY SON SIDE THEN SHE WAS GIVING ME
THREAT THAT SHE WILL CALL POLICE & SEND ME TO JAIL AS SHE IS U.S CITIZEN & I
AM ON CONDITIONAL PARMANENT RESIDANCE.
NOW I PASSED 2 YEARS & MY WIFE IS PRAGENT BUT TILL SHE IS
GIVING HARD TIME & BECOMING MORE CRULE TO MY SON SO NOW I AM HOPELESS. I AM earning good hear but THINKING TO COME OUT OF THIS NOW I AM SO TIRED OF ALL THIS THAT I AM THINKING TO GO BACK TO INDIA WITH MY SON BUT
MY QUESTION IS THAT IF I WILL GO BACK TO INDIA THEN IS MY WIFE CAN CHALLANGE MY DECISION ? AS MY WIFE IS PRAGENENT so IS MY WIFE CAN CLAIM CHILD SUPPORT IF I WILL GO BACK TO INDIA ? If I am earning in Indian Rs.in India then I am suppose to give child support in Indian Rs as per indian law or in $ as per usa law ? CAN YOU PLEASE GIVE ME AN ADVICE/INFORMATION WHAT I CAN DO IF I go back to INDIA ?
THNAKS.
2 Answers from Attorneys
Re: International divorce law & human rights
Of course, you can come back to India, any time you want to, and your wife cannot prevent that.
Your wife can claim child support, but for that she has to file an application in an Indian Court having jurisdiction, and you can fight it out. She cannot do so in USA. It follows therefore that any such support payable by you will be in Indian Rupees.
Your wife can validly obtain an oredr from a USA court. However, to enforce such an order in India, she will have to file a suitable application in the Indian Court.
Re: International divorce law & human rights
Under the circumstances the best course of action is to return to India with your son.Your wife cannot prevent you from returning to India.If she wants child support she will have to file an application in India.You can contact a lawyer on your return to India.
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