Legal Question in Family Law in India
Dear Sir,
My daughter was married in November,2010. Both My daughter & son.in.law were working at USA at different states before and after marriage. Though they visit each other at possible week ends. The mother in law visited my daughter in September 2011 in USA and there suddenly she broke the relation. My son in law filed the divorce in Jan 2012 along with a request for restraining order In USA.
The judgement was delivered in end August 2012 "'Divorce Degree "" and rejecting restraining orders. They said that USA court do not have personal jurisdiction on my daughter.
In the meantime, I filed
498A case in February 2012
DVC case in July 2012
in July 2012, I have filed a divorce case In India with GPA from my daughter giving reasons as ""divorce in USA, restraining request and harassment.
The other party is harassing me by
1) not filing counter for almost a year. In May 2013, the judge wrote ""Ex party witness" and got transferred. An In-charge judge wanted my daughter's physical presence for giving witness. At this stage, the opposite advocate came, filed petition for waive for delay and filed counter. Now new Judge has come and on first day postponed the case after 3 months date.
we want the Divorce case to be closed immediately. With opposite party harassing by dragging the case, the new Judge giving long (3 months) dates, I request you to advice
1) how to get Divorce very quickly and relieve my daughter from the mental strain?
2) since the divorce is already given by USA courts, can I get her married , if suitable boy comes, irrespective Indian court case status?
3) how to close this divorce case in India immediately, at what grounds?
Following are the points to mention:
a) Boy got divorce in USA with no personal jurisdiction on my daughter.
b) boy applied for restraining order and USA court rejected
3) by September 2013, it is 2 years the boy deserted my daughter.
Please note that Boy side is rough & tough family and we do not have any one who can talk to both sides, since the relations are broken totally.
Your reply will help us.
Thanking you
2 Answers from Attorneys
You can certainly be helped in this matter and the divorce can be expedited. If the couple got married in india, divorce by indian courts is mandatory. You need to meet along with all the requisite documents, court orders and petitions.
Thanks & Regards
Adv Rajiv
dear client......
Need not be worried kindly mail me the matter at [email protected] so that advice can be made immediately . with regards
Uttam
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