Legal Question in Family Law in India
What do u think i should do?
my husband who is an american citizen is asking for a divorce and has now got one from US but i know that it is not valid in India, so he is now offering to give me a lump sum settlement of 5 lakhs and wants me to sign the papers. we had been married for 2 months when he left to US promising to get me over and then applied for a divorce and sent me the notice. he left some time in Jan 2008 and to date has not helped me with any financial help. my lawyer to whom he has spoken is telling me to settle for this amount as she says it was a short marriage and i cannot get more. he is very well to do and is earning handsomely. i do not want to try and fleece him but do not want to be cheated also.
do advise.
5 Answers from Attorneys
Re: What do u think i should do?
yuo can claim a higher amount
Re: What do u think i should do?
Hello.
Yes the United States Court divorce is not valid in India.
I think he is taking you for a ride. The amount which he is offering to you is nothing. If he is making money as a handsome income you may press him for more maintenance.
The minimum offer for settlement he should offer must not be less than 35 lacs.
Contact a local lawyer or contact personally.
Re: What do u think i should do?
Yes it is a fact that the divorce is not valid in India.However in Indian law you can claim maintenance and it is settled that a married woman can get not lass than 1/3rd of the total husband income per month as alemoney or maintenance.So, if you think that the amount is sufficient you can settle,but according to my openion you may file maintenance case to get more benefit.
Re: What do u think i should do?
Yes it is a fact that the divorce is not valid in India.However in Indian law you can claim maintenance and it is settled that a married woman can get not lass than 1/3rd of the total husband income per month as alemoney or maintenance.So, if you think that the amount is sufficient you can settle,but according to my openion you may file maintenance case to get more benefit.
Re: What do u think i should do?
Yes, the US Court divorce is not valid in India.
You are entitled to a better treatment than that given to you by him. In fact you have been cheated in the sense that before leaving India he did not tell you of his intentions.
If he has sufficient means of income, you may get a handsome maintenance amount. The five lacs being offered should be hardly one year's maintenance amount. In any case, if you are considering remarriage and re-settlement, then you may consider winding up this marriage and move on by accepting whatever is being offered.
In my opinion the settlement amount being offered is too less. It should have been at least twenty five lacs rupees.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
