Legal Question in Family Law in India

husband refuses to come back to the u.s.--wife/children involved

my husband has left for India on vacation and now refuses to come back-leaving me with 2 small chilren,house,cars and many other bills. what shall I do? Im living with my parents who are supporting me financialy and am only working part time. what do I do with the house, the cars, and other expenses? he refuses to send any finacial help too. How do I proceed with a divorce? I am a US citizen and he is a greencard holder. what rights does he hold and what happens if he does come back. Is it legal to have MY parents adopt my two kids?

Asked on 1/21/06, 11:50 pm

4 Answers from Attorneys

www.lawconcern.com S.Seshadri www.lawconcern.com
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Re: husband refuses to come back to the u.s.--wife/children involved

1) I assume that you and your husband are hindus and marriage was solemnized as per hindu rites and customs and thereafter registered?

2) Please mention the date and PLACE OF marriage.

3) where is your husband now? Is he working, if so where? do you know his assets such as real estate, bank accounts etc?

4) You can file for divorce/ restitution of conjugal rights in India if either the marriage happened in India or if he is in India or if you chose to come to india and reside here for suing him.

5) ALSO YOU CAN GET LUMPSUM ALIMONY AMOUNT FOR YOURSELF AND YOUR CHILD MAINTENANCE AND MARRIIAGE EXPENSES IF IT IS A DAUGHTER.

Contact:

Mr S.Seshadri,

Aiyyangar & Associates, Advocates,

7A, Queens Court, 130, Montieth Road,

Egmore, Chennai 600008.. email: madraslawyer@yahoo.co.in/ indianlawyer@lycos.com

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1/22/06, 12:07 am
RAJENDRAN PARAMESWARAN RAJENDRAN ASSOCIATES
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Re: husband refuses to come back to the u.s.--wife/children involved

Is your husband an Indian citizen? When did he leave for India and for how long he has deserted you? Where did your marriage took place (in India or in the US)? Are you an Indian? If yes, are you a Hindu or a Christian or a Muslim or other? Please send these details to me at prajendran@vsnl.com.

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1/22/06, 5:41 am
Vivek Anand M/S.VIVEK ASSOCIATES
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Re: husband refuses to come back to the u.s.--wife/children involved

You can file a suit for Divorce at the place where the marriage was solemnised. Desertion by your husband is a valid ground on which you can proceed.

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1/22/06, 8:51 am
Siddhartha Shah Siddhartha Shah & Associates.
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Re: husband refuses to come back to the u.s.--wife/children involved

As regards the query sought, Firstly you need to take immediate legal steps for getting immediate recourse, you have an option to initiate the legal proceedings at your end or else in India at the place of jurisdiction where your marriage took place or at the place of residence where your husband resides,and also seek appropriate reliefs for the maintaince of you & your child. You may also file your papers for child custody for getting the legal and valid rights for your children. You may intimate the Indian agencies at your end after getting appropriate directions orders from the appropriate forum at your end. As regards moveable and immoveable properties you make make appropriate mention as regards the same.

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1/22/06, 3:14 pm

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