Legal Question in Family Law in India
I am working in Florida and having a GC.I was married last year in India according to Hindu ceremony,me and my wife don't get well together as she wants me to return to India and i don't want to destroy my career for her.She is also not ready to come to US.Now i want to file for divorce but i don't have any property in India,whatever its all in my parents name and this was already before marriage.In this case can she also claim rights on my parents property where she lived after marriage? If i don't have any savings in India or here then what else she can claim rights ?
She and her family only after money,in this case how can i save my hard earned money?
2 Answers from Attorneys
as you were married under Hindu law, your marriage would be dissolved under the same law. you may retain a lawyer in Delhi and he would file a petition for divorce on your behalf in Delhi and you may execute a power of attorney, duly notarized by notary public in US and send it to India. This way, you may not have to visit Delhi for pursuing your case and your attorney may do so. regarding her claim in parental property, in case the property is ancestral, she may stake a claim of residence otherwise, she may not even have residential rights in your parents property. effective and aggressive legal representation may bail you out of this situation.
1. She may not be entitled to claim any right in your parents' property.
2. She may be entitled to claim maintenance from you. However, order of maintenance cannot be executed against your parents or their property.
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