Legal Question in Family Law in Maryland
Marriage between us citizen and indian girl
My daughter married a us citizen of indian origin 18 months ago. Now he refuses to take her to us even when she has received her visa. What should I do to safeguard her interest?
4 Answers from Attorneys
Re: Marriage between us citizen and indian girl
If the parties are governed by the laws prevailing in India for the time-being in force, then at the outset, issue a notice calling upon the husband to take his wife within a time-frame, and non-compliance of the same would entitle the aggreived party to file a suit for restitution of her conjugal rights.
Re: Marriage between us citizen and indian girl
First where was the marriage performed in India or abroad, if in India, he is bound by the Indian law.
Secondly has the marriage been consummated.
Why is he not willing to take her, has he got any previous wife in USA.
Find out the details of the Boy, from your relatives and friends.
If your daughter goes there and he does not receive her it will be difficult, as the family law of USA is different.
if at all you decide to send your daughter to USA then immediately you have to contact an attorney and seek for alimony or maintenance until she finds a job, but once a job is found his maintenance stops.
go through some web sites where free advice is given with regard to US LAWS. and seek clarifications.
Regards
B.Balasubramanya.
Advocate.
Re: Marriage between us citizen and indian girl
The answer would vary based on When and where was the marriage solemnized.
Assuming that the marriage was as per hindu rites and customs and later on registered, it should be possible to Petition the Indian Court for restitution of conjugal rights and also simultaneously ask for maintenance. Before such a petition it is preferable to issue a notice detailing all facts and demanding your son in law to take your daughter with him. It shoudl also be seen whether it is a case of dowry demand.
Also if the the husbnad replies/ does not rply to legal notice , it should be possible to petition for restotution as mentioned above or ask for divorce with life time maintenance for your daughter.
Pl provide full details to my mail id to give you the notice format and comprehensive legal advice
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yours faithfully,
S.Seshadri
Re: Marriage between us citizen and indian girl
It appears that your daughter's husband may not be interested in taking your daughter to USA; as such your daughter has to decide whether she at all wants to continue the relationship. If yes, thereis hardly any thing you can do to firce the husband to take her out. If not, you can take steps to have the marriage annuled.