Legal Question in Family Law in India
Divorce in India to US citizen grounds of desertion
I got married in 2002 to an Indian citizen in India who had a green card at that time. Last year, he got his US citizenship in June 2006. We had a child in feb 2007, born in India. He visited India then and our child was issued a US passport by the consulate. Since sept 2007 he has been missing. I know he is alive but there has been no contact-no response to telephone calls, email, etc.
I plan to file for divorce on grounds of desertion. Any judgment passed in India -can it be enforced in the US? Child support, alimony, etc? How are they generally calculated in India? In the event, that he continues to not respond, can his parents who live in India be held responsible for his dues?
Thanks in advance
3 Answers from Attorneys
Re: Divorce in India to US citizen grounds of desertion
Your marriage place jurisdiction is in India so you may file an petition for divorce in India. You have to show sepration of minimum 2 years.
You can claim alimony only if you dont have any financial resources for living hood.
The amount is usually at the discretion of the court.
In case of need please contact personally.
Consultation is free for you.
Re: Divorce in India to US citizen grounds of desertion
As your marriage was solemnized in india you can file petition for divorce in india but for desertion you have to show atleast 2 years separation. You can get alimony only if you are non working and are fully dependant on you, The amount of alimony is the discretion of the court.
Re: Divorce in India to US citizen grounds of desertion
The cases of this kind are not uncommon now.
last year, in almost similar situation, we obtained arrest warrant of a 'deserter' and served the same upon him through police in USA. though because of mounting pressure, the matter was finally compromised.
You cannot held the parents of his family responsible for the dues but yes, you can surely recover the money from his assets/property in India;
Before planning for divorce and alimony etc., it is better to first find out his whereabouts which should not be difficult to track through his SSN.
please supply me complete information about yourself and available information about him, we will try to help you through our US counterparts.
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