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Lavanya   06 November 2020

Husband files divorce from usa

My husband currently  in usa.sent a legal notice for divorce. Does he have to come to india  to file for legal petition.  What about proceedibgs?  Will  it demand his presence?  I dont want to give him divorce, i feel this was done out of haste.  And i want to file for maintenance.. how much can i ask for considering his earning  in usa. He has not paid a single penny for me or my child in past 2 years. Pls help



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 5 Replies

Shashi Dhara   06 November 2020

Engage advocate ,and claim maintenance ,and oppose divorce .

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 November 2020

Originally posted by : Lavanya
My husband currently  in usa.sent a legal notice for divorce. Does he have to come to india  to file for legal petition.  What about proceedibgs?  Will  it demand his presence?  I dont want to give him divorce, i feel this was done out of haste.  And i want to file for maintenance.. how much can i ask for considering his earning  in usa. He has not paid a single penny for me or my child in past 2 years. Pls help

 

1. IF Husband proves with evidence that you have abandoned or are deliberately not joining your Husband, since Two years, THEN you would not be entitled to ANYTHING, which includes Maintenance, Alimony or any other compensation or any other proceedings.  This is upheld in several HC /SC judgments.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Lavanya   06 November 2020

Pls tell me if he should come here to file and fot proceedings..  will i be fighting alone? 

SHIRISH PAWAR, 7738990900 (Advocate)     06 November 2020

Hello,

Your husband has a duty to pay maintenance for yourself and for your child. You can file a maintenance application here in India and your husband has to come to India for contesting the case and he will be bound by the court orders.

Lavanya   06 November 2020

Thank you sir


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