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  1. #1
    Join Date
    Jun 2011
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    10

    Default Filing Divorce Against a Spouse Who Is In the U.S.

    My question involves a marriage in the state of:India.I got marriage in India in April 2009.i went to USA on April 2009.i have stayed with him until December 2010.I m in India from Dec 2010.I am planning to apply divorce.I kept case on 498a on in laws and husband.Husband is not coming to India,What option I can do now.Is there anyway to issue look out warrant to my husband from India?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Filing Divorce Against a Spouse Who Is In the U.S.

    If you are in India, planning to divorce in an Indian court, your divorce is governed by the laws of India. You will have to check with a lawyer in India to see what the courts expect you to do, in relation to service on your ex-spouse.

    If you intend to divide marital assets located in the United States and your ex- doesn't participate in the divorce in India, even if your ex- is properly served in relation to the Indian divorce proceeding, you may have to commence an ancillary action in the state in which the assets are located.

  3. #3
    Join Date
    Jun 2011
    Posts
    10

    Default Re: Filing Divorce Against a Spouse Who Is In the U.S.

    My husband is in the state of New Jersey.He is on H1 work visa since 2004.He does not have any assets in USA.He has permanent Job at software company.He is not coming to India.What action shall I take to get him to India.Shall I inform the USA police from India now because my domestic voilence done in USA for 20 months.Indian Police is not taking action to get him back to India.Please help me.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Filing Divorce Against a Spouse Who Is In the U.S.

    You need to consult an Indian lawyer or legal resource. This is a U.S. site.

  5. #5
    Join Date
    Jun 2011
    Posts
    10

    Default Re: Filing Divorce Against a Spouse Who Is In the U.S.

    Is there anyway I can inform to USA police from India because harrassment done in USA ?Shall they take action in US to get him back to India?Help me

  6. #6
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Filing Divorce Against a Spouse Who Is In the U.S.

    If your husband is on a valid work visa, or any other visa then no one is going to force him back to India because you want a divorce. If his visa expires, then perhaps you can contact ICE, but I doubt they are going to look very hard for one person because his wife is made at him.

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