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Rani (N/A)     28 February 2015

Need legal assistance

I'm from India. My husband is a USA citizen holder. My marriage is registered under USA General consulate court in hongkong. I lived with my husband for one year in hongkong. After that left me in India. My husband applied divorce case. And verbally told that he would send notice. But I have not received any notice. I want mutual consent because I can't contest. Please advice me the best way to resolve divorce case.



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 14 Replies

saravanan s (legal advisor)     28 February 2015

Mcd is the best way as contested divorce can go on for years.so try to work out a Mou and convince him for mcd

R.K Nanda (Advocate)     28 February 2015

agree ur husband for MCD which takes only 6 months in court to get divorce decree.

 

thanks,

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Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 February 2015

Dear, Yes make a settlement deed and thereafter file MCD .... Kapil Chandna Adv 9899011450.

Adv k . mahesh (advocate)     28 February 2015

MCD is a less time and no need of putting hefty money nor mental tension

but for this both have to appear before the court and request for the divorce and court will grant you six months time to reconcile and again after six months you both has to appear in person and request again for the divorce then only court will grant you divorce decree 

Advocate Ravinder (Advocate/Attorney)     01 March 2015

It is better you both can obtain consent divorce in USA. Physical presence of the parties is not necessary in USA. The Attornies can do the job on behalf of parties.  Later you can apply for divorce in india basing on the Divorce Decree obtained in USA.  This will be better option.

Adv. Chandrasekhar (Advocate)     01 March 2015

"I want mutual consent because I can't contest."

It is not clear.  As you can't contest divorce case, you want mutual consent divorce or you want mutual consent divorce and you cannot contest.  If you think, you can't contest divorce case due to the huge financial difficulties involved in such cases, you can take free legal aid available to women in any court in India.  In addition to this, if any financial distress is there, you can ask for maintenance by filing appropirate case in the court.  But, if you are also interest to divorce and your predilection is towards Mutual Consent Divorce, ask him to come to India to file it and again he has to come back to India after six months to ratify the case.  That's all.

Shantilal Pandya ( Advocate)     01 March 2015

Settle for  for mutual consent divorce with him 

Rani (N/A)     02 March 2015

very very thank everyone for replying. Kapil Chandna sir, you really gave me a good piece of advice. Im very very thankful to you.

Rani (N/A)     02 March 2015

Ravinder sir, Chandrasekhar sir, K Mahesh sir, Saravanan s, R k nanda, Shantilal P. thankyou so much for replying.

T. Kalaiselvan, Advocate (Advocate)     03 March 2015

Since your marriage was not solemnised as per Indian laws, the laws applicable to the country as per which you have married will remain.  The US matrimonial law is applicable in your case.  As per this, your presence is not mandatory before the court but the papers signed by you in this regard should be with the attorney who will be representing you on this matter.  Further the agreement with regard to the maintenance and other issues like properties, exchange of articles etc are to be reduced to writing in the form of an agreement.  If your spouse is arranging for a common attorney, you may read the conditions and terms properly before putting your signature in the papers and if satisfied you proceed accordingly.  After that you need not obtain divorce again in India, it will not be valid as well.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     03 March 2015

Agree with kapil chandna

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     03 March 2015

Agree with expert Kapil Chandna

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     03 March 2015

Agree with expert Kapil Chandna

Rani (N/A)     04 March 2015

Mr. T. Kalaiselvan, Sir , Thank you for replying. 


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