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Mamuni (Working)     30 November 2025

Seeking advice on filing for daughter’s maintenance and property claims in india

Dear Sir/Madam, I am an Indian citizen and was granted a divorce in the USA on the grounds of mental cruelty and the asset division of the USA savings only without considering India assets. After the divorce, both my ex-husband and I continued to live in the USA with our respective jobs. I have now lost my job and am moving back to India, where I am currently unemployed. I have a 12-year-old daughter who lives with me. My ex-husband is not cooperating in providing financial support for our daughter, even though it was agreed in the U.S. court order. We are both Indian nationals, and my ex-husband owns substantial property in India. I would like to know: 1. Since both of us are Indian nationals, can I file a fresh case in India as per HMA for my rights and my daughter’s rights, even though the divorce was granted in the USA? 2. During the U.S. divorce settlement, his properties in India were not considered. Can I file a case in India to claim my lawful rights regarding his Indian assets? I request your guidance . Thank you.


 4 Replies

Dr. J C Vashista (Advocate )     01 December 2025

Of course your daughter is entitled for her maintenance till she gets married besides a share in her father's ancestral properties.

Terms and conditions of mutual consent divorce are applicable in  India, which require to be perused before forming an opinion and oblige.

It would be better to show court order / decree to a local prudent lawyer for proper appreciation, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Advocate)     01 December 2025

You can file a maintenance case for your daughter afresh in India as well as for you if you are not able to meet your expenses and do not have any source of income.

P. Venu (Advocate)     02 December 2025

Based on the decree obtained in the US, you can move a fresh application/petition in our country.

Dr. J C Vashista (Advocate )     03 December 2025

It is better to consult a local prudent lawyer with relevant records for proper analyses, professional advise and necessary proceeding.


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