Legal Question in Family Law in India

Maintenence

I hope you are in sound health.I am hindu girl married hindu boy under hindu marriage act by following hindu ritual.I filed for maintenence under sec 125/.Court has pass order for interm maintenence .Two months has pass but he has not started paying yet.As he lives in US i have decided to go back there as i study there.I will handover him the copy of interm maintenence.I have also emailed him order of interm maintenence.Till date even we don't know whther he has recieve summon of court or not.Though two months have pass.I am sure he will deny that he has recieve court's summon.Even we apporach GPO.But they are saying as its a forien issue so it will take long time to know whther he has recieve summon or not.Because of this court case even my study is getting hamper.But my question are

1)If he refuse to give me money even after showing order of interm maintenence what action can i take in that situation?Will i approach US police to help me to get money of interm maintenence?

2)If i will again file for maintenence in US court in that case if my husband file for divorce in US court will that divorce be valid in india on this ground that i have subjected myself to that juridiction by filing another maintenence case in US court?


Asked on 12/25/08, 11:36 pm

6 Answers from Attorneys

Sumit Mehta S 'n' S Law Offices

Re: Maintenence

1)If he refuse to give me money even after showing order of interm maintenence what action can i take in that situation?Will i approach US police to help me to get money of interm maintenence?

In case the person refuses you to give maintainence then you would have to approcah an indian embassy to get it enforced. Futher, you can move in an application in Indian courts also so that the persons property can be attached. Further, it would be adviced to get "dasti summons" order from the court so that you can ensure that the same gets delivered to him.

2)If i will again file for maintenence in US court in that case if my husband file for divorce in US court will that divorce be valid in india on this ground that i have subjected myself to that juridiction by filing another maintenence case in US court?

See there are many things which you need to look before you go in for litigation on a foreign soil. Your nationality and other things would play in an vital role. further, you discuss the same in-person with an advocate. as there are many things what can be done even by sitting in India

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Answered on 12/26/08, 9:10 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Maintenence

as you understand that laws in india and u.s. are different and it would be difficult for you to enforce an order of indian courts in u.s...it is advisable that, apart from your case in indian courts, u also file a maintenance petition in the courts in u.s. in u.s. the laws would grant you an equal share of properties owned by him. u may call upon me at 9811284735, delhi for further guidance.

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Answered on 12/26/08, 4:52 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Maintenence

(1) The police in USA is likely to help you for execution of maintnenace order passed by courts in India.

(2) Subjecting yourself to US courts for maintenance is not the same thing as subjecting to the court's jurisdiction for divorce.

You may approach the authorities in USA for seeking maintenance.

You have not mentioned about the visa status and the residency State of your husband to provide you further guidance.

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Answered on 12/27/08, 9:44 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Maintenence

You may file an execution case for maintenance against that order for enforcing the same.You may also aproach to indian embacy after getting distress warrant from the concern court.

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Answered on 12/28/08, 2:02 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Maintenence

Hello.

Apart from Indian Courts you should file a maintenance suit in the U.S. Court.

As per the U.S. laws they can grant you an equal share in immovable assests/properties owned by your husband.

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Answered on 12/26/08, 7:15 am
G. M. Gupta gmguptaandassociates

Re: Maintenence

if you can move to US authorities then its well and good but if u cannot then get the order of attachement against the person or get arrest warrants against him and it will be executed through embassy

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Answered on 12/26/08, 7:23 am


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