Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Geeta   15 November 2017

USA Divorce SUMMON

My Nri husband deserted me in India. He did not give my visa renewal papers. He filed Divorce in USA( California). I am not ready for divorce. If we get Divorce summon here in India. Should I accept this or not? What are my rights under Hindu marriage act. If we accept papers here. What should I do. Problem is that I live in a very small city , here is not gud lawyers , they have no idea about foreign Divorce Cases. Plz advise me.


Learning

 5 Replies

test123   15 November 2017

What do you like to know ? Reality ? Or Indian lawyer crooked story and hope ?

Siddharth Srivastava (Advocate)     15 November 2017

As per law, if foreign courts grant divorce under Indian law then the same is valid. On receiving the notice you can sent your representation through post or mail and you can even question the jurisdiction of foreign court in your matter and even can demand maintenance, share in the assets of husband, and all expenses to contest the case in foreign court etc. If you are Hindu and your marriage is solemnised as per Hindu law then foreign court lacks jurisdiction to decide divorce case. In India you can challenge validity of decree if foreign court allow divorce. You are entitled for maintenance etc. Consult a lawyer with details.

Siddharth Srivastava (Advocate)     15 November 2017

As per law, if foreign courts grant divorce under Indian law then the same is valid. On receiving the notice you can sent your representation through post or mail and you can even question the jurisdiction of foreign court in your matter and even can demand maintenance, share in the assets of husband, and all expenses to contest the case in foreign court etc. If you are Hindu and your marriage is solemnised as per Hindu law then foreign court lacks jurisdiction to decide divorce case. In India you can challenge validity of decree if foreign court allow divorce. You are entitled for maintenance etc. Consult a lawyer with details.

N.K.Assumi (Advocate)     15 November 2017

Autohide4u, is absolutely correct.

test123   15 November 2017

hope :  indian lawyers will have you file invalid foreign divorce and try getting your high alimony...

reality : you pay more money to these lawyers and waste up to 10 years easily. still no guarantee if your husband comes to india. there is no law that bring your husband back in india.

  you would post your profile on matrimonal website and fullfil your physical need.

you loose time for your second marriage to settle down again.  you can do your own search on this website and you'll get some knowledge that there is no way to bring back your husband back in india.

no matter what indian politican give any type of news in media and make any law.  [ no country will deport / extradite ] from there country on matrimonail issue.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register