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reunion2   12 April 2015

Queries regarding divorce

It might be a repeated question but i would like to know the expert comments once again. I am married since 3 years. No Kids. My wife behaviour is not good. Initially it was bad for me but now she started torchering my old parents and sister and all. The result will be definetly a Divorce. Currently the family hot talks are happenning with no direction. Today or tomorrow either me or she will definetly file a case either for maintenance or divorce. We are not staying together since 2 months.

 

My Questions are

- I have an offer to move to USA for long term. Will it good that i left India without informing her. And all the legal action will be taken care by my Advocate.

- As she allready have Visa. Will she able to create problem in USA if she comes? Its an expensive country she won't come.

- I will be lawable to Indian court or USA Court?

- After going there can my advocate file a diavorce case on my behalf. I mean to say any leagal process i want to start once i reached there.

- Which is good to handle the case from India or USA?

- Maintainece oe Allumeny will be based on Indian salary/style of leaving or USA Salary.?



Learning

 4 Replies

reunion2   13 April 2015

Is this a bad post by me? No reply

N R Dash.. (Advocate)     13 April 2015

Too many queries.

 

1. US does not have any gender biased law like INDIA & also you can avail free legal aid there. It would definitely be a better choice for you to fight it there, however, the choice is on your wife. She can initiate all Litigations in India & you will have to comply.

2. Your advocate can file a divorce petition, however, you will have to be present during the motions.

3. Maintenance is decided upon present salary minus obligations.

 

I would suggest to go for amicable settlement by mutual discussion & file MCD by paying permanent alimony.

1 Like

reunion2   13 April 2015

Thanks Dash Sir............

 

I am planning to move after giving all the rights to the advocate. 

I will not start any legal action and wait for her legal action and act accordingly.

 

Samir N (General Queries) (Business)     14 April 2015

- I have an offer to move to USA for long term. Will it good that i left India without informing her. And all the legal action will be taken care by my Advocate.

In India, leaving your entire litigation to the mercy of your advocate is like giving a blank check to your wife (and to your advocate). Any person who starts litigation in India and leaves it all to his advocate must be either mentally retarded, bed-ridden, eunuch or totally illiterate. Do you fall in any of these categories? 


- As she allready have Visa. Will she able to create problem in USA if she comes? Its an expensive country she won't come.

If she has visa and she comes, she will be able to assert her legal rights as your lawfully wedded wife in U.S. Courts. U.S. advocates would seize the opportunity to sue you... She can work out a contingency fee agreement where she has to pay nothing to the advocate but the advocate will get a percentage of whatever you get. Such arrangements are perfectly legal in US. 


- I will be lawable to Indian court or USA Court?

You are liable to ALL courts in accordance with the laws in that jurisdiction. In U.S. your wife will be protected under the local laws of the specific state in the U.S. as matrimonial laws are state specific in USA.  She can also, and simultaneously file cases against you in Indian courts irrespective of where you are geographically. I am presuming that you are both Indian citizens. 


- After going there can my advocate file a diavorce case on my behalf. I mean to say any legal process i want to start once i reached there.

Refer to the answer above... 

- Which is good to handle the case from India or USA?

If she files, you don't have a choice. If you file in USA and she is in India, the decree will NOT be valid in India unless you can prove that she had and was given full opportunity to litigate the case and further that she could do so.


- Maintainece oe Allumeny will be based on Indian salary/style of leaving or USA Salary.?

Depends of where it is filed... India, USA, Europe... there are different standards and laws for maintenance... but in general, its not a pleasant scene to look forward to.

 
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