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Author Topic: married in India as per Hindu law, Divorce Applied in California, USA  (Read 651 times)

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Offline Innovate

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I got married in India on Aug 2014. I cam to USA on dependent visa(H4 Visa). My Husband is having H1B Visa. Our Relaionship was not good from the initial days of marriage. Our marriage never consummated till now. My in laws came to visit to usa, then we had some issues and domestic violence happened here. And my Husband absconded from USA without notifying me one  day . And He didn't return to USA for about 5 months. After few months, i received divorce papers from him from California Jurisdiction court.

My question is, what to do here, Do i need to fight case in california. Here lawyer expenses are so high, I couldn't afford o pay. I have temporary contract job here. So,  where i need to fight my divorce case in india or usa? which would be better, in terms of getting compensation from my husband and protect my legal rights.

Calfironia is a nofault divorce state, they won't ask for any reason for divorce. They just do the settlement based on current income and expenses. So, if i come to India and apply for divorce , what are the possibilities of getting compensation and settling the contested divorce?


Offline advjaibansal

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Re: married in India as per Hindu law, Divorce Applied in California, USA
« Reply #1 on: September 17, 2016, 01:02:31 AM »
Dear Ma'am,

as you are also working in USA and residing there the jurisdiction for court for filing divorce by the husband is made out. Even if you don't contest while residing in USA the divorce may also become valid in india. Even if the same is not filed on the grounds which exist in india as per hindu law. For the only reason that you are there in usa.

Please consult a local lawyer, don't contest, agree for divorce but seek financial settlement on the husband income and property. I think you will be more benefitted there in USa than india. As per US law the property is to be divided in half and half.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Innovate

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Re: married in India as per Hindu law, Divorce Applied in California, USA
« Reply #2 on: September 19, 2016, 09:48:28 AM »
I will not stay in USA for long time. i am coming back in next 6 months as my H4 visa gets expired. So, IF i need to contest case in USA it wold be to costly battle for me.
Hence, my priorities is that my main reason for breakage of marriage should be documented (i.e. non consummation) of marriage and need to get financial settlement.
We don't have any property much to be settled. Only thing left out is His Income earned during our married period which exists about 1.5 years.

So. i won't get much in financial settlement. what to do in this scenario?

Offline advjaibansal

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Re: married in India as per Hindu law, Divorce Applied in California, USA
« Reply #3 on: September 20, 2016, 05:15:11 AM »
Dear Ma'am,

Then you have to come back to india and avoid contesting the case in USA. Once you back in india then seek injunction against the husband from contesting the cases in USA as both the parties got married in india as per hindu marriage act.

You can file maintenance against the husband based on his income in india.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Innovate

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Re: married in India as per Hindu law, Divorce Applied in California, USA
« Reply #4 on: September 20, 2016, 10:28:43 AM »
Thank you for your valuable feedback. I do have few queries:

1) how to get injunction by avoiding my husband to not contest case in USA, after I come back to India.
2) He is working in USA based on H1B. His earnings are all from USA, not from India. From the day we both got married till now, he is working in USA. After coming from USA , I would also be working in India. Do I get maintenance in this case ?
3) There was a domestic violence issue happened in USA, I have applied to Court in California  to get Domestic violence restraining order.
4) Can i get alimony in India?
5) How much does Divorce case takes time to settle in India based on Hindu marriage Act, if we are not mutually agreed to Consent?
6) The main reason for Marriage broke down is due to non consummation and he abandoned and left house abruptly without any say.

Offline advjaibansal

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Re: married in India as per Hindu law, Divorce Applied in California, USA
« Reply #5 on: September 20, 2016, 06:09:34 PM »
1) how to get injunction by avoiding my husband to not contest case in USA, after I come back to India.
- you need to file an anti injunction suit against the husband in indian court for seeking injunction not to proceed on the divorce petition filed in USA as both the parties got married in india and divorce can be only filed under hindu marriage act in india.

2) He is working in USA based on H1B. His earnings are all from USA, not from India. From the day we both got married till now, he is working in USA. After coming from USA , I would also be working in India. Do I get maintenance in this case ?
- In that case, you may not be getting maintenance from the husband but if there is child, he/she will be entitled for maintenance.

3) There was a domestic violence issue happened in USA, I have applied to Court in California  to get Domestic violence restraining order.
--You may use those case papers to file a criminal case under section 498A for cruelty against husband in india.

4) Can i get alimony in India?
- there is no concept of permanent alimony to be granted from the court in india, if you and your husband both settle the matter then you may get some permanent alimony.

5) How much does Divorce case takes time to settle in India based on Hindu marriage Act, if we are not mutually agreed to Consent?
- May take two to five years and sometime even more if not on the grounds of mutual consent.

6) The main reason for Marriage broke down is due to non consummation and he abandoned and left house abruptly without any say.
-
I would suggest to settle the matter amicably if both are working and earning by taking divorce on the grounds of mutual consent.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Innovate

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Re: married in India as per Hindu law, Divorce Applied in California, USA
« Reply #6 on: September 22, 2016, 12:38:25 PM »
Thank you very much for your feedback. Based on your Feedback I Believe Pursuing case in USA is good as whatever settlement I get would be 50/50 and duration to finalize divorce decree is also very less time consumption in USA. I am looking towards mutual consent and do settlement.

I don't think i would get much in settlement in USA, but it is lot more Straight forward to close the case in faster manner. I don't want to spend too much money in contesting the case in USA. I will get set for mediation and finalize it as soon as possible before I will come back to India.

If you have any more suggestions, please do let me know.




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Re: married in India as per Hindu law, Divorce Applied in California, USA
« Reply #7 on: December 05, 2016, 03:00:23 PM »
HelloS ir,

As of now, i field annulment case in California based on non-consummation and fraud. And the Case is set for Trial. But, I cannot stay for the next court hearing for trail for annulment. So I would be back to India by then.

My lawyer in USA saying that if i don't attend trail, the case will be either halted or a default judgement will be given based on one party appearance. My Spouse applied for Divorce, in response I applied for annulment in USA.

So, what to do in this situation:

1) Can I continue my annulment case in India. As soon as I come to India, I can file for anti-injunction order and will get Indian court order to proceed the case in india as we married according to Hindu marriage Act.  Can anti-injunction be applied in family court in town we married or it need to be get from High-Court. How much time does it take to get  anti-injunction order from Indian court. So that, i can send anti-injunction papers to my USA Lawyer.

Thanks in Advance.


 

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