• Indian divorce

I am US citizen got divorced in US 2007. It was contested after he threatened me. I did not take divorce in India. He remarried this year,  I need some justice for my son as he did not get any ancestral property rights in India. Pls help me as to how I can put a case against him.
Asked 3 years ago in Family Law from United States
Religion: Hindu
Hi, then you have to file a partition suit on behalf of your son.
2. As the son is minor he unable to file a suit so you being a natural guardian file suit for partition.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.5 on 5.0

You an file a case of maintenance both for yourself and for the son slos, if he is below 18 years of age.
If your ex-husband has got ancestral properties in india then your son can file suit for partition to claim his due share in the ancestral properties of his father.
Devajyoti Barman
Advocate, Kolkata
12538 Answers
161 Consultations

5.0 on 5.0

1) your divorce decree would be valid in India 

2) what basis you say property is ancestral . ?

3) you can seek maintenance from your husband for child 

4) son has no rights in self acquired property of father 

5) if it is ancestral property your son would have share in said property 
Ajay Sethi
Advocate, Mumbai
44368 Answers
2577 Consultations

5.0 on 5.0

1. If your ex husband has an ancestral property in India your son can claim his share therein. 

2. What is the nature of ancestral property in India? Who is occupying it at the moment? Since when is it under the occupation of that individual?

3. Your son has an indefeasible share in the ancestral property which he can, subject to the answers of the above questions, cull out by filing for division in the court. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Dear Querist
you may file a partition suit against him on behalf of your son related to partition the ancestral property along with an application for injunction under Order 39 rule 1&2 of CPC.
Nadeem Qureshi
Advocate, New Delhi
4796 Answers
220 Consultations

4.6 on 5.0

If spouse are Indian citizen and got divorce in foreign country then it is mandatory that divorce decree must enforce by Indian court, having jurisdiction over the territory in which spouse or any one party to the marriage resides. 

Your divorce decree is foreign decree under section 13 CPC. It needs to execute by filing civil suit because it may be possible that divorce might be granted on the ground which is not recognised by Hindu marriage act.

court shall apply judicial mind and check the veracity or legality of the decree. if court finds that there is valid ground for divorce then court executes it.

In USA generally no fault theory is applicable and many divorce have been given on this principle. But in India there is fault theory is applicable. so in this condition it is required by the law that every foreign divorce must be execute in India by decree of Indian court. 

It is general law that Hindu carries his personal law with him wherever he goes. In he is in USA then his personal law will apply in the matter relating with personal law. Divorce is the subject of personal law. So section 13 of Hindi marriage act will apply and only those divorce is valid which has been granted on any of the ground mentioned in section 13. 

No fault theory or irretrievable breakdown of marriage is not a valid ground in HMA so you should challenge legality of his divorce and his marriage without executing divorce decree in India. He has committed offence of bigamy, 

contact a good lawyer and proceed further.
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

Here there is a question of citizen ship(concept of“domicile”) arisen . When you seeking a legal remedy for your child, then party has the option of either accepting the jurisdiction of the foreign court or of refusing to submit to the foreign court and seek justice under Indian judicial system.The choice is a tacit one and is rarely presented on a platter by the concerned lawyer.Nevertheless, the choice is real and must be exercised with due care and thought.Once the choice is exercised and one presents oneself or some documents to the foreign court, the doors of Indian judicial system are largely shut.

Indian judicial system has a reputation of being slow and inefficient. This is true in some cases. However, in many cases the Indian system can be fast as well as better than of many other countries. Especially in matters
concerning women and children, Indian laws and judicial system are second to none in the world. Some may even argue that Indian women enjoy such rights that men are a disadvantaged and discriminated lot.
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

1.  Ancestral property mean property of great grandfather title of which has never been hanged,

2. Your son has no right bon the property of his farher during the life time of his father,

3. Your son can claim maintenance from his father, if he ia s minor. 
Krishna Kishore Ganguly
Advocate, Kolkata
18161 Answers
438 Consultations

5.0 on 5.0

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