cpc

u.s citizen but wife is not giving divorce.estranged for 5 y


Am a U.S naturalised citizen got married in 2005 and have a 12 year old daughter. I work a welder in a oil rig. My wife left me 5 years back. I have properties in kerala. My wife wants 33 cents of land and she has attached the property to the divorcw case. I have got a japthi notice. She is working as a nurse in government hospital and she got a verdict for 30000 rupees as maintenance for my daughter in kerala. I appealed in Highcourt and reduced to20000. As I do not have a permanent job and am diabetic. Now am living alone in USA.Wife is asking for 50 lacs as settlement to give divorce. Kindly advise me what to do for the japthi notice to my property. She never liked me as I'm only polytechnic passout and she went to college. I'm a self made man. What should I do? I have applied for a divorce in the USA. How to make it valid in India. I do not have shell so much money in USA for education as it is free here till 12th. Kindly advise me.
 
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Appellate Criminal Defence Advocate

Sir,

Where did you get married India or USA? What customs were followed? If USA, is your marriage registered with the marriage officer? Your query can only be answered after knowing these facts.

Regards,

Abhishek Tiwari

 
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I was married in trivandrum according to hindu customs.
 
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I was married in trivandrum as per hindu customs.
 
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Appellate Criminal Defence Advocate

Sir,

Your wife has a right to initiate proceedings against you in India as per the law established by Madras HC (Reiterated by SC) in R Sridharan Vs Presiding Officer, Principal Family Court, Chennai.

In the instant case the Husband was a US citizen and marriage took place in New Jersey in 2002 as per Hindu customs. The wife came back to India and initiated proceedings against her husband. The question was whether the court had jurisdiction. The fact that the husband was never domiciled in the territories of India nor is governed by the personal law of that country was never canvassed.  

Regards,

Abhishek Tiwari

 
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Appellate Criminal Defence Advocate

Errata at corrigenda: For the lines - “The fact that…canvassed” read:-

“The question what if the husband was never domiciled in the territories of India nor is governed by the personal law of that country is still open.” 

Regards,

Abhishek Tiwari

 
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You might want to visit this NRI Divorce article to understand the procedure of Divorce in the USA from India! Hope it helps!

 
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