Legal Question in Family Law in India

Judicial seperation
I am a Hindu girl got married in India under HMA.My husband is staying in Us on H1 visa.I am now in India.Recently he has filed for divorce in USA on no fault ground.I am planning to file for judicial seperation in India as i dont want to stay with him because of his cruetly towards me.But also dont want to give him divorce for the time being.Because i dont want him to get him scot free and marry in USA after getting divorce in USA.
I want to know if i file for JUDICIAL SEPERATION in India Can an Indian court put stay order against his divorce petetion in USA because i have filed JUDICIAL SEPERATION in india as Indian court has juridiction to decide my case?

Asked on 3/19/09, 8:32 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Judicial seperation

(a) You may file a criminal complaint of cruelty u/s 498-A IPC and domestic violence under the P.W. D.V.A.

(b) Filing of divorce petition by your husband in USA may also constitute a ground of cruelty and fraud in India and you may initiate criminal proceedings against him on this ground.

(c) If you are not interested in divorce, you should not have filed judicial separation petition also in India. It was not required.

(d) The courts in India may declare that the proceedings in US court are null and void and are not binding on your rights.

(e) You may take up the case with USA authorities for cancellation of H-1 visa of your husband on the ground of cruelty. Alternatively, you may seek USA visa on this ground and proceed against him in USA by visiting here.

(f) Your husband, being on H1 visa, may not be entitled to any legal relief from courts in USA.

Answered on 3/19/09, 10:12 am

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