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Night1234   01 March 2016

Wife beating my son, so filing divorce under cruelty in usa

Dear Lawyers,

I got married in india and came to USA to work. My son was born here in USA. He is 4 year old now. My wife is beating my son regularly. Some time she beats severly. I recorded the videos while she beats my son.

So I am planning to file for child custody along with divorce by showng those videos here in USA court on the grounds of cruelty.

So my question is...since the cruelty is not happend with me but happend with my son, if I file for divorce under cruelty, will that divorce valid in India?



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 9 Replies

SuperHero (Manager)     02 March 2016

Originally posted by : Night1234
Dear Lawyers,

I got married in india and came to USA to work. My son was born here in USA. He is 4 year old now. My wife is beating my son regularly. Some time she beats severly. I recorded the videos while she beats my son.

So I am planning to file for child custody along with divorce by showng those videos here in USA court on the grounds of cruelty.

So my question is...since the cruelty is not happend with me but happend with my son, if I file for divorce under cruelty, will that divorce valid in India?

@Night1234 - India is totally a different ball game all together....

There have been cases filed in India after being divorced in India. So be careful.

 

Night1234   02 March 2016

I understand what you are trying to say. Thats why I had mentioned my scneario clearly so that lawyers can provide suggestions.

Dear Laywers,

Please provide your suggestions to my above post or question. Thanks.

saravanan s (legal advisor)     02 March 2016

Since u are married in India the divorce you get in some foreign country is not valid in india

SuperHero (Manager)     02 March 2016

Originally posted by : saravanan s
Since u are married in India the divorce you get in some foreign country is not valid in india

To my understanding and going through LCI...unless if both parties attend the courts and attend the proceedings...again if it is done this way..you have to prove it in the court..

If it is an exparte..In India you can mention saying that I haven't got a proper chance...

Night1234   03 March 2016

Hi "noname_123", Thanks for your reply.

For my question I received mixed responses. One member says that the divorce got in USA is not valid and you said that it is valid if it is under the grounds of cruelty.

Is there any solid information or judgement which says that the divorce got in foreign country (under the grounds which are valid in India) is valid in India too?

I just want to make sure on this before filing the divorce case here in USA other wise I will be in a big mess when I come to India.

Night1234   03 March 2016

Hi Saravanan S, thanks for your reply.

There are mixed answers for this question so I am not able to come to a conclusion which answer is right and with answer is wrong.

SuperHero (Manager)     05 March 2016

Originally posted by : Night1234
Hi Saravanan S, thanks for your reply.

There are mixed answers for this question so I am not able to come to a conclusion which answer is right and with answer is wrong.

Each case and situation is different. Better consult a Lawyer and get his advice.

Even if you get divorce in USA. She can file a case in India.

https://www.498a.org/

https://www.498a.org/nri.htm

Try to google. There are lot of people who have gone through...So Good Luck.

ANAMIKA VICHARE (LAWYER)     06 March 2016

You are staying in US now. Then you can first file complaint to Police stration, shge will be arrested immdtly,you acn file divorce in US only,youwill get divorce since she is also in USA.

Q Slinger (NA)     30 May 2016

Originally posted by : Night1234
Hi "noname_123", Thanks for your reply.

For my question I received mixed responses. One member says that the divorce got in USA is not valid and you said that it is valid if it is under the grounds of cruelty.

Is there any solid information or judgement which says that the divorce got in foreign country (under the grounds which are valid in India) is valid in India too?

I just want to make sure on this before filing the divorce case here in USA other wise I will be in a big mess when I come to India.

Divorce in US is not valid in India..you wil have to get a divorce in India. However, you can definitly use the US divorce judgement to win the divorce in India.

 


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