Legal Question in Family Law in Kentucky
My husband stays in USA he has sent me to india saying his project over and take me back as soon he gets job bt its already more than ayear he has deserted me in India he nor his parents giving me any information about my joining with my huband and till to date i dont know where he is satying and for which company he working. Me and my parents are helpless .My father is retired with much difficulty he made my marriage with a dowry of 20lakhs . From day of my marriage my in-laws used to harass us for money and gold . my husband many times man handled me in USA he is very short tempered person i remained silent thinking he will change but now he ruined my life ...desterted me .
I am requesting you to guide me is there is any way to bring him back to India . Another thing i came to know from is friends that he has filed a divorce in USA. Is it is possible to get a divorce in usa without my concent and what about my life ...and allimony .please guide me i am in depression fearing what will happen to me .Without any fault i am been punished . In this old age again i am burden to my parents .
please help me
1 Answer from Attorneys
There is no way to force him to come back to India (unless of course he is not a US citizen and his immigration status is no longer valid), but you should probably consult a local attorney in India to see if you can divorce him in India and seize any assets he might have in India. However, I suspect that U.S. divorce laws will probably be more favorable to you.
He can obtain a divorce in Kentucky in your absence, so you should retain local counsel in Kentucky, an attorney who practices in the county in which the divorce action was filed, to represent you in your divorce action, particularly so that you can protect whatever marital assets there are in the US.
I am honestly uncertain how a Kentucky court would view a dowry. I would argue that the dowry is a gift to the wife upon her marriage (and therefore non-marital and belong to the wife), although I'm certain he would argue it is a "gift" to the husband, or even a payment. That would be something for your Kentucky attorney to research.