Hi, I have filed a divorce case in India. I and my wife are Indian citizens living in the USA. We have properties in the USA. all the properties are in my name and have cash in my bank account. As per USA state law, these properties are considered as marital properties. I understand that, If my wife files for divorce in the USA, I can stall the case in the USA as divorce is in process in India. In case I get the exparte decision in Indian Court, Can my wife file for divorce in the USA again to claim for the Cash in a bank account? I am planning to sell all the properties and cash them out. Can she claim the cash to be split?
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Once divorce decree has been passed by Indian courts take the plea that no proceedings are maintainable in US courts
wife can seek interim maintenance and alimony from you
sell your properties . in USA
You need to contact US lawyer regarding share of wife in sale proceeds
If she is a party to a divorce proceedings already filed in USA then she cant
if the marriage was consummated as per the Hindu Marriage act and the marital rites were performed in India, then divorce will also be granted by an Indian court
once an Indian court grants divorce, i dont see how a foreign court can then again adjudicate upon the same issue
Dear Client,
Since the divorce has been decreed in India, she has no case to be filed in USA, hence her claim for split in the cash would not be entertained in the absence of maintainability of the divorce case in USA.
In any case, why don't you park the money in some other place to which she may not have an access to confirm the details of the case you possess, before court, in her claim.
She may be required to furnish the of the cash in your hand, which you can cleverly hide it out from her.
If the court is asking you to give the details on her application, you can very well draw a blank stating that you do not have any amount in India.
