• Divorce in usa

Respected Sir/Madam,

I live in USA.My husband and In-laws harassed me mentally,emotionally,physically, humiliated  and economically for additional dowry.We have 1 year child.My husband, and sis-in-law are staying in USA.Now my husband along with their support and involvement, he sent me to my sisters place in USA and deserted me and my baby since 4 months.He  wants to get rid off me as my parents failed to give  additional dowry now he filed for contested, no fault  divorce as marriage is irretrievably broken and asking custody of child in USA.I replied with answers and counterclaims with attorney to him contesting the divorce to USA court as i don't want divorce as per Hindu Marriage Act and also don't want to give custody of child.Also pleaded court for maintenance and alimony, equitable distribution of property,claiming for dowry as the court will grant the divorce either way even though i don't agree to divorce as its no fault divorce if my husband wants to get it.

Theres always been domestic violence and abuse and dowry harassment.I cannot go to India and file case against him as he's threatening me that he would file kidnap case on me as my child is USA citizen and court ordered me not to remove child out of jurisdiction.The court also restrained me for communicating my husband.

How can i file case against him in India?Also i don't want divorce.Is there anyway to stop him in Divorce proceedings?Please help me.

Thanks for your time.

Sincerely
Madhavi
Asked 2 years ago in Family Law from Vijayawada, Andhra Pradesh
Religion: Hindu
better hire an advocate for filing complaint in women cell and in the complaint under DV act,you can give Special Power Of Attorney to any of your relative for filing it and further you can with complete details of your self and your husband sent a mail to any friend or relative for initiating the proceedings here
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. You did a mistake by replying USA court notice whereby you have submitted yourself to the jurisdiction of this court.
2. Now try to vacate the order of not going of USA since as long as this order will remain in force if you come to India, the court here may not give you desired result.
3. However you can come to India alone and file several cases against your husband including case for heft maintenance.
4. Citizenship of the child is no issue but only you have to ensure that there is no restraint order while taking the child to India.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1) it is advisable to  contest divorce proceedings in USA . 

2) In USA if any of the party wants divorce on grounds of irrevitable break down of marriage court awards divorce . 

3) you can get 50%of his assets in USA . 

4) in india divorce proceedings are time consuming . further no court in india would award you 50%of his assets . 

5) best option is to get divorce in USA only . dont file any proceedings in india . 

6) since both you and your husband are residing in USA after marriage courts in USA would have jurisdiction to try your divorce petition

7) if you want to file case for dowry harrassment under section 498A or for domestic violence you will have to come to india to file the same against your husband
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. If you did not want to give divorce to your husband, and further wanted to make him amenable under the Indian law for domestic violence and also claim child custody under the Indian law then you should not have accepted the notice of US court as by accepting it you have made yourself amenable to US law. It seems that you did not obtain legal advice in a professional manner at an appropriate time.

2. While you may get 50% of his assets in US you will not be able to make him liable for domestic violence, claim custody of your child and also pursue many other equally efficacious legal remedies available to you under Indian law. 

3. Since the US court has restrained you from removing your child out of US you cannot act contrary unless this order is set aside. Consider moving a higher court in accordance with US law to challenge this order. Once this order is set aside you may travel to India and sue your husband for child custody, domestic violence and also obligate him to compensate you in monetary terms for the domestic violence suffered by you. In addition thereto you may also file for maintenance against him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Better course of action would be to get the restrain order set-aside or  modification to take the child to India then file cases in India alternatively you may alone come here or give Special Power of Attorney to someone in India for filing cases on your behalf.Here you can sue him for child's custody, domestic violence and also seek orders against  him to compensate you in term of money  for  domestic violence suffered by you. right to reside or accommodation may also be claimed . In addition thereto you may also file for maintenance against him.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. 1. It will be better if you contest the case filed by your husband at USA,

2. If he does not want to stay with you, no Court on the earth can force him to do so,

3. You must take the maximum benifit out of the case filed by your husband,

4. Pray for awarding 50% of his asset in your favour as is customary in the  USA unlike India
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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