Legal Question in Family Law in New Zealand (Aotearoa)

Divorce and custody

I am of new zealand residancy presently in india . My husband is in n.Z can i file for divorce and custody of my daughter from india. He has since her birth never visited or contacted her or myself. We have been apart now for one and a half years . Where do i stand ?


Asked on 3/24/08, 8:12 am

7 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce and custody

You can get divorce on the ground of desertion and maintainence from husband for you and child.

Read more
Answered on 3/26/08, 6:59 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce and custody

Hello Madame,

Please furnish the following information mentioned hereunder :

(1) What citizenship do you hold?

(2) Where was the marriage performed?

(3) When was the last time when you were together as husband and wife?

(4) Status of citizenship of the child.

(5) Any court proceedings?

And presuming i can advice you that you can file divorce in India as the child custody is already with you.

In case of need please contact personally via phone or mail.

Advice is free for you.

Read more
Answered on 3/25/08, 3:58 am
Lawbird in Delhi Taneja Law Office

Re: Divorce and custody

You can file for divorce. The child custody is already with you.

Read more
Answered on 3/24/08, 9:20 am
Nandita Haldipur Haldipur Associates

Re: Divorce and custody

you can file it in india

Read more
Answered on 3/24/08, 9:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce and custody

Please let me know :

(a) what is your citizenship

(b) where was the marriage performed;

(c) where did you reside last as husband and wife;

(d) what is citizenship of the child;

(e) is there any custody order ever passed by any court of law ?

I shall give be able to provide a better opinion after getting the said information.

Read more
Answered on 3/24/08, 9:43 am
Vivek Mapara Vivek N. Mapara

Re: Divorce and custody

Madem,

I need to know the following facts, before i can give u appropriate legal reply : -

(1) Where was the marriage Solemnize in India or New Zealand?

(2) Where did you last time resided with your husband?

(3) Where was the Child Born?

(4) What is your Nationality and your Husbands Nationality?

The above facts would determine whether Indian Courts have Jurisdiction or not.

Presumably if the Indian Courts do have jurisdiction to try you divorce suit, then in that case, since there seems apparent desertation of 1 and half year from your husand, it will be one of the good ground of divorce.

Secondly, in India normally, custody of child upto the min. age of 5 years remains with the Mother.

May Feel Free to Contact

The above advise do not constitute any client-attorney relationship.

Read more
Answered on 3/24/08, 10:23 am

Re: Divorce and custody

facts are incomplete and vague one,Consult with details.

Read more
Answered on 3/24/08, 1:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Zealand (Aotearoa)