Legal Question in Family Law in India

Re: legally, what am i entitled to?

(1) If you both are Hindus; and your marriage was performed as per Hindu rites and ceremonies, he may be able to file for divorce ONLY under the Hindu Marriage Act, 1956.

(2) The petition for divorce can be filed by him only in India

(3) If he obtains divorce in USA, that may have no legal value in India.

(4) If he got American citizenship by playing any fraud upon you, appropriate action can be taken against him for cancellation of his citizenship.

(5) If he goes to court in India seeking divorce, his money may have hardly any value; you will be given full opportunity to present your case.

(6) As per Indian laws, one may not get divorce following 'no fault theory' as is the case in USA. On the other hand, one may have to bring the case squarely within the grounds available under HMA.

Re: legally, what am i entitled to?

hello

you are entitled to get maintenance.you may approach to the family court in lieu to press the charges of mental harassment. in case if you want to remarry, ask a lump sum amount for one time settlement. as far legal fees is concerned, you may approach to the legal service aid in supreme court seeking relaxation in fees.

you may file a case u/s 125 for maintenance initially.

in case of need please contact personally.

no fee for you.

Re: legally, what am i entitled to?

as you have mentioned that you both were married in india, the india courts have the jurisdiction to decide your case and u.s. courts would act beyond their jurisdiction in case they delve upon the matter. you may initiate the proceedings before he does and in case he files any divorce case in u.s., you may file the certified copy of your petition in the u.s. courts and obtain stay there. it is always better to proceed with the cases such as, restitution of conjugal rights, maintenance and also domestic violence act here in india instead of submitting yourself to the jurisdiction of u.s. and getting a biased judgment in faovur of husband and against yourself and your daughter.

Re: legally, what am i entitled to?

as you have mentioned that you both were married in india, the india courts have the jurisdiction to decide your case and u.s. courts would act beyond their jurisdiction in case they delve upon the matter. you may initiate the proceedings before he does and in case he files any divorce case in u.s., you may file the certified copy of your petition in the u.s. courts and obtain stay there. it is always better to proceed with the cases such as, restitution of conjugal rights, maintenance and also domestic violence act here in india instead of submitting yourself to the jurisdiction of u.s. and getting a biased judgment in faovur of husband and against yourself and your daughter.

Re: legally, what am i entitled to?

as you have mentioned that you both were married in india, the india courts have the jurisdiction to decide your case and u.s. courts would act beyond their jurisdiction in case they delve upon the matter. you may initiate the proceedings before he does and in case he files any divorce case in u.s., you may file the certified copy of your petition in the u.s. courts and obtain stay there. it is always better to proceed with the cases such as, restitution of conjugal rights, maintenance and also domestic violence act here in india instead of submitting yourself to the jurisdiction of u.s. and getting a biased judgment in faovur of husband and against yourself and your daughter.

Re: legally, what am i entitled to?

as you have mentioned that you both were married in india, the india courts have the jurisdiction to decide your case and u.s. courts would act beyond their jurisdiction in case they delve upon the matter. you may initiate the proceedings before he does and in case he files any divorce case in u.s., you may file the certified copy of your petition in the u.s. courts and obtain stay there. it is always better to proceed with the cases such as, restitution of conjugal rights, maintenance and also domestic violence act here in india instead of submitting yourself to the jurisdiction of u.s. and getting a biased judgment in faovur of husband and against yourself and your daughter.

Re: legally, what am i entitled to?

you can claim maintainece and alimony. you can put forth your demands for agreeing for teh divorce

Re: legally, what am i entitled to?

Madam Ji, it is not the moneyY but the facts which matters before the courts of law and how you present them. One fact which you have not mentioned is about the date of marriage, place of marriage and how long have you lived with him and where at?

Depending upon the above, you might have a remedy under the Domestic Violence Act wherein you may seek a right of residence from your husband. You may not sign any paper unless you have had some advice about that.

Detail facts are necessary for further opinion

Vishwa Arya