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How to get maintenance to minor male child of American nati

(Querist) 04 January 2010 This query is : Resolved 
One of my friend's daughter facing family problem with her husband and his family members the details are narrated below.Kindly advice us how to proceed legally.

Details of the case

Both Wife and husband are Indian citizens - marriage held in Andhra Pradesh on 17-02-05, while the husband was working as a software engineer in USA on H1 B visa and Wife a qualified professional BDS Doctor went to USA on dependent Visa - lived in USA out of wedlock for about three years- son born in USA on 03-08-07- both returned back to India in January 2008 to attend the marriage of husbands brother - wife a dentist- written TOEFL , GRE etc., while they were in USA – Wife got admission for MS in US- wife was sent by her husband to US for studies in MS on student Visa in Sept 2008. He assured his wife that he will be back to US after settled some issues with his father and his other family members - she went to US along with son for studies in Aug 2008 - husband has not joined his wife at US as assured instead - He filed Divorce petition (A.P – India) in the court u/s 13(i) (1-b) in Sept 2008 – Got exparte orders without service of summons on his wife in March 2009 – Wife visited India in Aug 2009 – When she went to her husbands house she was abused kicked out by her husband and his family members saying that they got the Divorce orders – Wife filed set aside petition in the same court – The petition is subjudice for trial in the court – Wife went to US for completion of her MS course of studies – Son with the maternal grand parents at ( A.P - India) – Now she intend to file a petition in the court of USA for maintenance of her son (minor male child) who is a citizen of USA in the status of mother as natural Guardian – If the decretal order if any of the US court favours the plaintiff or the petitioner the wife, can it be executable in India?

Thankyou very much for the reply

In addition to the above please advice us to the following doubts?

If the US court send the summons through due process and if the summons were served on the Husband in India, If he fails to attend the court at US the court may pass ex-parte orders.

Whether the ex-parte orders can be executable in India?

For the ex-parte orders passed by the US Court, in which court can he file set aside petition or appeal whether in India or US

Please furnish the Apex court order No and date of judgement.

with regards

Raj Kumar Makkad (Expert) 05 January 2010
Yes. According to latest verdict of Hon'ble Apex Court of India, such decree is duly executable in India.
M.V.krishnarao (Querist) 05 January 2010
Dear Expert Makkad Sir please guide us with your valuable advice for which you are highly appreciated.

Thanking you sir,


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