Legal Question in Family Law in India
I married a guy from India and had a baby with him. He left me while I was at work and took the baby back to India with him. I am a caucasian women and have no authoirity to live in India. I am a usa citiznen. I want to file for divorce and get custody of my child. I am in usa in the NY area will India court up hold a custody arrangement if the usa courts say that I should have the child because I know in India the Father gets custody of the child. Or should I look for an attorney for custody in India or usa? We were married at my aunts house by a priest. But my husband is Hindu. We are legally married in the usa but never registered the marriage in India. Should I file for Divorce in usa and then go for custody of child in usa or India? If the Judge decides because my baby is under 5 years old to give me custody will he make a stay order upon husband request even if I am not a citizen of India? Should I file a custody hearing first in India or usa or both places at the same time?
3 Answers from Attorneys
Madam,
I answered your earlier query which was general.
From the given facts, it appears that you can get child custody a detailed opinion and legal action can be given privately.
Yours faithfully,
S.Seshadri Esq.
Emails: [email protected]
website: www.lawconcern.com
India Chennai office Phones: 98403 20808 /28515229
(1) Your understanding of Indian law that custody is given to father is entirely misplaced. On the contrary the custody of a child upto 5 years is generally given to mother.
(2) Indian courts usually accept and follow the orders of US courts in the matters of custody.
(3) Your marriage is valid in India and no registeration in India is required.
(4) You are entitled to seek custody of your baby.
If you need any clarification or help in India, you may write me separate e-mail or contact on phone.
a petition for divorce is no issue. the same can be filed either in US or India as per your convenience. the main petition for custody has to be filed in India as the child is residing here. as per indian laws, the petition for custody is maintainable only at the place where the child is residing and not at any other state or country. you better hire a lawyer in india and send him your duly notarized power of attorney and he would file the petition on your behalf here and get may you the custody.
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