My husband, son (4 years) and I are all foreign national & OCI Card holders and would be filling for divorce soon in USA, we were married in India.
We all are travelling back to India for some urgent work and our son is joining us. I am afraid that my politically connected husband may file the divorce petition in India and would hold back our son at my in-laws place and I would have to fight the court battle in India, instead of US, while my husband has flexibility in work and can work from home, I am bound to work from my office in US and can't leave the job.
What are my sons & my rights in this scenario?
can I reach out to local embassy with my concerns in advance?
Can the local court ask my son to stay back in India while I travel back to US on pretext of me not coming back.
Would the court take into consideration the job role I am in and push for local settlement.
If me & my son surrender our OCI
How should I take this forward, would request your urgent help on this matter
A.Dear Madam,
My answers are as follows:
What are my sons & my rights in this scenario?
Ans: In Divorce case child custody matter cannot be adjudicated. You may file child custody case and get permanent child custody and also interim relief to take the child to US.
can I reach out to local embassy with my concerns in advance?
Ans: Embassy Authorities may ask you approach Family Court.
Can the local court ask my son to stay back in India while I travel back to US on pretext of me not coming back.
Ans: The Family Court having authority to pass orders on merits either in your favour or in favour of your husband in respect of staying of child in India or taking him abroad.
Would the court take into consideration the job role I am in and push for local settlement.
Ans: Yes, the Courts may take care of all such backgrounds of you three people.
Dear Client,
Without a decree of a Court, a marriage even held and registered under the Hindu Marriage Act or the Spl. Marriage Act is not dissolved. So, if there is no scope for reunion or cohabitat...
Dear Sir,
Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
Dear Sir,
First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
Dear Client,
In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
Dear Client,
In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
You have selected a Lawyer whose location is different from your Location , if you wish to take phone consultation kindly pay and get the details of the Lawyers.
Type of Consultation
Fees
Phone Consultation
₹
Meeting Consultation
₹
Email Consultation
₹
Video Conference
₹
Request for quotation from the Lawyer.
You are a new user, please validate for security reasons
❶ Client Posts a Question by paying some amount
❷ All Paid Answers will be shown in N-Indicator (Open to Answer)
❸ You can reply and respond to the question
❹ Answer will be Approved by Admin based on content and on first come first serve basis.
❺ If answer is Approved then you will get your share. Status will be A-Indicator (Approved).
❻ If there are many Answers Posted then your Answer may get approved with a Lock. That means Client can view your response only if Client Unlocks by Paying Extra Amount. Status will be AL-Indicator ( Approved and Locked).
❼ If there are many Answers Posted you will Waitlisting tag. Waitlisting Answers may get Approved with a Lock or may not get Approved. It will be decision made by the Admin.
❽ Your share will depened on the number of Answers received and weightage given to your answer based on promtness and content.
➒ All amount will be accumulated and will be shared once in a month.
Your question is posted successfully. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
Your question is posted successfully on the open forum. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601