Legal Question in Family Law in India
i was married in 2003 in chennai-india and i lived with him in NJ-USA but we had some misunderstandings and domestic voilance and i am living seperately from him from past 3yrs in india with my parents. i thought of filing divorce case against him and demand him for compensation nut unfortunately he filed divorce case on me from NJ....my question is do i have to go to US compulsary to attend this case? or can i file another case on him from india? is there any chances for me which will favor to me...he already sent me court papers so please answer me urgently
3 Answers from Attorneys
You have not stated your husband's US residential status, viz: H1B or Green Card etc. I have assumed your status to be resident Indian and marriage as a Hindu Ceremonial marriage with or without subsequent registration.
Regardless of your husband's residential status in USA, You are not under compulsion to Go to USA to fight the case there. However, You can file your objection to the jurisdiction with that US court through an Indian Lawyer.
You can file a case in India either for restitution of conjugal rights or for a divorce and in both cases ask for a temporary and permanent alimony for yourself and any children out of wedlock.
If he or his family members have demanded dowry and or tortured you, You can also sue for in criminal courts/ police in India.
S.Seshadri
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Mr.Sheshdhari is rightly guide you. First confim whether you want divorce or want him back.
Then only one can guide you.
You send by post your reply to the divorce petition in the NJ court. Meanwhile, you may initiate appropriate legal remedies in India. We may try helping you out in the NJ courts. You may send us by e-mail the proposed draft reply before filing in court.