Legal Question in Family Law in India

Mine is a very complex situation. I am an American Citizen with PIO status.( so are my husband and children)

Me and my husband had agreed to divorce initally in U.S....we have 5yr and 9 yr old daughters.

He has thrown me out of my house and changed all the locks. As well as taken the children somewhere in Delhi to avoide me seeing them. I had contacted the local police who at that time informed my husband I had every right to be in my home and see my children. However my husband did not agree and left the premises. I assume the local police have limited abilities and cannot force a door to be opened.

Is there any law that gives me rights to see my children? How long do I have to wait?

The circumstances of our yet to be filed divorce will be very complex. I believe my husband will try to claim adulty to try and win custody of my children. (he does have a picture of me talking to a guy-who is only a close friend)

I will be filing domestic violence against women petition.

And will also try to request full custody of my kids.

I am not familar with local laws and am also concerned about my childrens well being.

PLEASE HELP ME


Asked on 4/02/10, 1:05 am

4 Answers from Attorneys
Rajneesh Malhotra Malhotra Advocates

""Me and my husband had agreed to divorce initally in U.S""

It is not clear whether you both had planned to file a mutual consent divorce?

Are you presently living in India?

Who wants a divorce? You or your Husband..?

Have any legal proceedings been initiated as yet? regarding the divorce or the custody of children?

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Answered on 4/02/10, 1:38 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in your situation, it is advisable to file the petition for domestic violence and you must move an application/affidavit for the grant of immediate custody of both the children by passing an ex parte order. you should seek directions to the local police to help you execute the order of court.

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Answered on 4/02/10, 1:49 am
KAMAL GROVER

File a case under Domestic Violence Act to get the custody of your children, Maintenance, Shelter and other benefices. You will get everything. you may send your details and may be we will help you if you are in Delhi or in Chandigarh or near by station.

Regards

[email protected]

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Answered on 4/02/10, 12:13 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may obtain custody of your children. However, we may need to peruse your documents, particularly the papers filed in US courts. You may send me an email with all the details and attachments.

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Answered on 4/02/10, 10:52 pm


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