Legal Question in Family Law in India

restraining NRI husband from continuing divorce proceedings in USA court
I and my husband both are software engineers in USA.as my husband harassed me for additional dowery, I came to india and filed 498-A. court issued NBW against him and criminal proceedings are pending since 2 years, as my husband is not attending the indian court.my husband filed for divorce in USA ,ie the place where we last resided together. I am in India now and do not have job.my visa got expired.So i can not got to USA and contest divorce proceedings in US. I have neither money nor visa to represent myself in USA court.how to restrain my husband from continuing divorce proceedings in USA court?is there any indian court judgement available on this? how can I proceed in Indian court to restrain my husband. Pls provide me some indian court judgements on this? I have moved temporarly to other city to look for job.I tried to file for maintainace in this city.but the court refused to take my petition based on jurisidiction issue. can you pls tell me how to overcome this jurisidiction issue .so that I can file for maintaince in the city where I have moved. are there any High court/SC judgements on this ?. sry, earlier given email was deactivated.pls reply to this post only.thanks in advance

Asked on 6/05/09, 11:06 am

4 Answers from Attorneys

RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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Re: restraining NRI husband from continuing divorce proceedings in USA court

you can not restrain your husband from continuing the divorce proceedings ecxept the contsting the same in USA. you can contest the same form here in india.

regarding maintenance, you have to file the case u/s 125 crpc, from a place , where your marriage has been solemnized or a palce where you or your husband last resided together. you can also file a case where the petioner or the defendnat is residing.

Answered on 6/05/09, 11:31 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: restraining NRI husband from continuing divorce proceedings in USA court

(1) Your jurisdiction is also the place of marriage as also the place where you lived together as husband and wife; for a change in jurisdiction, you may need to file a petition in the High Court of your State for transfer of your case to appropriate place after filing.

(2) You may contest the divorce in USA by writing to the US court about lack of jurisdiction. your written communication/letter may be accepted as your reply / written statement and court may recuse itself from proceeding further with the case;

You may specifically plead about applicability of Hindu Law and the lack of territorial jurisdiction to adjudicate the matter because you are not a USA citizen/resident.

(3) You may consider filing a suit in India seeking a declaration that the proceedings in US courts are inoperative and are not binding on your rights in any manner.

Answered on 6/05/09, 3:59 pm

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