Urgent...plzzzz i need advise


Please respected attorneys advise me

 

I am 26 yrs lady living in US since1.5  yrs.In this term i been staying(resident but non immigrant on h4 visa) in Pennsylvania state from July2012 to till date ...before i lived in PENNSYLVANIA from dec2011 to feb 2012.My marriage has hell of disturbances, frequent threatening for divorce made me to leave US...again i returned to US on july 2012 due to husband's humble request , now he started divorce proceedings again...where am h4 dependent on husband........what i have to do now? my tickets to india are booked for this saturday , but he went to meet lawyer, i dont want to give divorce in unknown country( as am unware of surroundings), what he can do in this 3 days???? if any notice comes? do i need to respond to it?? i cant , because everything is expensive here ...or i have to book ticket for tommorow and leave the country????? am totally scared and i dont have any support , i dont know anything here

 
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respected querist ,

the procedure relating to divorce and laws may be different in US from india so better you consult attorney there however  Rule of law says that no party can be left unheared it means no decision can be given without hearing the second party but once you received the notice from  court then court can pass ex party decision , but you dnt have to worry exparty decisions made in foreign countries are not valid in indian courts so you can come back to india and can file maintenance / domestic voilence/ dowry or any other complaint/application against the husband in india depending the offence you faced there.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

 

A couple of things :-

 

1. You are entitled to get a legal aid lawyer there if you do not have the means to engage a lawyer. But that is not preferable. Do not submit to the jurisdiction of the court, don't accept notice if you don't intend at contesting it there. Though financial settlements there are much balanced as compared to ones in India. 

2. If you don't submit and go unrepresented in proceedings there - such divorce is not recognised by Indian Law. 

3. You are within your right to prosecute criminally as well as civilly husband for any wrongs that he may have done. Including your right to maintenance etc. 

 

Good Luck !


Bharat Chugh

Advocate Supreme Court of India

www.advocatebharatchugh.wordpress.com

 
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Thank you so much Anish ji and  Bharat ji

 
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Will he able to get mary again after geting exparte divorce????? IS in valid in India??

 
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Ive returned to India 3 weeks back, suddenly my health went worst , ibeen admitted in hospital and went through surgery.I dint receive any notice when am in US,i left him without informing too, what kind of steps next i have to follow

 
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Legal Evangelist - TRIPAKSHA

What you want to take out of this marriage would define what steps you need to take.


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