Divorce and maintenance, alimony are separate and distinct. It is not necessary for wife to live separate in order to claim maintenance. Wife and children can claim maintenance etc while living in matrimonial house. You are at liberty to file counter claim beside to avail other remedies. You too can file divorce case etc.
Multiple divorce filed - We are both US citizens, married under Hindu law
Husband find multiple divorce in the last 10 years the first finding India in 2011 I was living in US at the time I had to leave my job and bring both children yo india. Constant of use harassment by in-laws threatening to go back to US and give the divorce, public physical and mental harassment. Later when he realize that he’s losing the case and he has to give alimony and child support if you do the case and asked me to find for his green card in a good faith thinking that this behind me we came back to our home in US. Define for divorce in 2017 and again same thing when he realized that he has to give child support it’s a constant mental harassment trauma to me and children. 2019 2020 , Define for their visas and invited them over, Constant harassment and arguments in the home I hope you’re vegetarian my mother-in-law will purposely cook non-veg on days that she knows that I’m fasting which is Tuesdays. harassment mental torture by my in-laws and my brother-in-law. The instigated my husband to find divorce after he got his citizenship in 2022 this is has been an ongoing saga which has destroyed my career mental peace my stability in my financial situation my children’s future divorce has been filed in US he received the final decree on January 5 which I responded back and the court in US Colorado vacated the orders
Asked 2 years ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
Husband filed multiple divorce in the last 10 years the first filed India in 2011 I was living in US at the time I had to leave my job and bring both children yo india. Constant of use harassment by in-laws threatening and forced me to go back to US and give the divorce, public physical and mental harassment. Later when he realize that he’s losing the case and he has to give alimony and child support if you do the case and asked me to file for his green card in a good faith thinking that this is behind me we came back to our home in US. He filed another for divorce in 2017 and again same thing when he realized that he has to give child support it’s a constant mental harassment trauma to me and children. 2019 2020 ,filed for parents visas and invited them over, Constant harassment and arguments in the home I hope you’re vegetarian my mother-in-law will purposely cook non-veg on days that she knows that I’m fasting which is Tuesdays. harassment mental torture by my in-laws and my brother-in-law. The instigated my husband to file divorce after he got his citizenship in 2022 this is has been an ongoing saga which has destroyed my career mental peace my stability in my financial situation my children’s future divorce has been filed in US he received the final decree on January 5 which I responded back and the court in US Colorado vacated the orders My question is can I file harassment case in India on my in-laws. As my husband is denying to pay my children’s college fees. I have not worked for many years.
Asked 2 years ago
You can seek child support and maintenance from husband
2) if husband fails to comply with court orders of matrimonial and child support take out execution proceedings fir attachment of his assets
3) after divorce no DV case is maintainable
Act as mentioned herein above
All the cases will be tried on their merits. Foreign decree will not be valid in india unless validated in india
Since you have got his divorce case judgment vacated by a court at Colorado, you will be considered to be still married to him as per law.
Whatever, if he is settled down in USA and also he is reported to have acquired citizenship of that country, it will become easy for you to ask for maintenance and child support and by an order of court, he cannot refuse to pay the child support or maintenance amount as per court order.
If you feel that it is no more tolerable to live with him in the marital relationship, you can take a decision to dissolve the marriage by a decree of divorce through a court of law either in USA or in India.
If you both are residing in USA, then it would be proper that you file the maintenance case in USA itself, if your children crossed the age of 18 years, they may not become eligible for child support as per Indian laws, especially if it is a male child as per the laws in India. you may enquire about the child support rules and laws as per USA.
Since you both are not divorce yet, i.e., you have stated that divorce final judgment was vacated by a US court, you can very well file the DV case in India seeking compensation for the reasons you rely upon.
- You should know that , if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- Further, if the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Hence, if that divorce decree is granted by the US court without your appearance before the Court, then that decree will not valid in INDIA , and the husband & wife relation will be intact.
- Further, if his parents was disturbing your matrimonial relation , then you can file a complaint against them before the Indian Court under the provision of DV Act and also can lodge an FIR as well.
Based on the information provided, it may be possible to file a harassment case against your in-laws in India. However, it is important to consult with a local family law attorney in India to determine the specific legal options available to you based on your circumstances.
Regarding your husband's denial to pay your children's college fees, it may be possible to seek child support from him through the courts. Again, it is important to consult with a local family law attorney in the state where the divorce was filed to determine the specific legal options available to you based on your circumstances.
It is also worth noting that the information provided is complex and involves multiple legal issues across different jurisdictions. It is important to seek legal advice from qualified attorneys who are licensed to practice in the relevant jurisdictions to ensure that your rights and interests are protected.
