Legal Question in Family Law in India

I married to an NRI(H1B) and our marriage happened in India. After marriage he and his parents harassed me and my family for their financial and cruel motives. We lived together in USA for nearly 1 year and when we came to India he secretly went back to USA with out intimation . As soon as i came to know this and when asked to their parents and elders they ill treated us and harshly sent me out from their house. Even though we tried our level best for reconciliation through mediation they cruelly said "My son is in abroad what u want to do u do we don't bother". This is only brief part of the harassment i underwent. Atlast vexed and constrained to file a complaint against my husband and his parents under sections 498a,420 and maintanence. Case is in process and now
1) Is it possible to send back maintanence summons saying that he is not available or he is not working there by managing his company officials or like?
2) Is it possible to file for divorce case in USA even though we got married in India?
As iam aware of their cruelty so many questions are revolving in my mind with so much of depression and pain.

Asked on 9/15/09, 4:29 pm

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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1) No

2) as indian citizens you can only file divorce case in US if both the parties consent to the jurisdiction of that court.

My advice is file divorce in india and if possible by mutual consent.

Answered on 9/16/09, 12:33 am

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Prabhat Shroff Shroff & Company

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Reply to your questions are-

1. Yes, it is possible for him to return the summons; however, on return of summons you can pray for ex-parte hearing and on order beeing passed, file execution proccedings of the order.

2.US divorce decrees, normally, are not valid in India as yet, even if same is passed by consent; it is only valid in US; and if either party wants to remarry without obtaining divorce under Indian laws in India; the second marriage will not be valid. Hence it is advisable to file for divorce in the Indian court having jurisdiction

Answered on 9/16/09, 1:05 am

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