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Divorce and child custody

(Querist) 26 September 2013 This query is : Resolved 
Wife and husband(both are indian citizens).are in u.s. Kids born in u.s are citizens .husband threatens with divorce.in us, he may get divorce easily, but since they are married in India under Hindu marriage act,can the divorce be challenged in indian courts. Can the wife take children away from husband and move to india
Adv. Chandrasekhar (Expert) 26 September 2013
If the wife proves that she was not in a position to defend herself in divorce case or the divorce decree passed by the U.S. court is on the ground which is not available under Hindu Marriage Act, Indian Courts will not recognize such divorce decree obtained by the husband in U.S. Court. If the wife and child come to India and while the wife and the child are in India when the custody order is passed in favour of husband by US court, wife can resist such order in Indian Courts, but the outcome of such challenge cannot be predicted as the child is US citizen.
V R SHROFF (Expert) 26 September 2013
FULLY AGREE WITH EXPERT
Adv Chandrasekhar

Nadeem Qureshi (Expert) 26 September 2013
agree with experts
Rajendra K Goyal (Expert) 26 September 2013
In US divorce is easy process. The US court will adequately look after the maintenance aspect of the children. Father may not be given the custody of the children. Moreover in most of the US states the assets are divided equally between the husband and wife. In case you are not a working lady, does not have much assets and If divorce is inevitable, it is better to proceed in US.

Rajendra K Goyal (Expert) 29 September 2013
Us court may assist legal help for divorce if conditions fulfiled.

If you want to torture the family of husband, Indian law is more supporting.
Raj Kumar Makkad (Expert) 29 September 2013
Such decree shall not be recognized by Indian courts if husband has not represented his case in US courts because he is residing in India and no notice has been received to him.


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