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Annulment Trial Setting stage in USA. Please tell me how to proceed ?
01-May-2023 (In Divorce Law)
We are married according to Hindu marriage act. Moved to USA post marriage. after 1 year of stay in USA, my estranged spouse picked some dispute and filed divorce in USA. I responded to the divorce summons in USA by filing response to annul our marriage based on physical incapacity and fraud. Now the case is set for conf. Trial setting where judge want brief about legal and factual arguments for annulment. But, my h4 visa got expired and I had to came back to India. My queries: 1) I couldn't continue case in USA because of heavy attorney fees. hence I want to proceed in a manner which can halt divorce case in USA. Please suggest how to proceed?
You can file a fresh case of divorce in Indian court and get a court notice served to him at USA and halt the proceedings in USA court by sending the copy. Only thing is he should be made to recieve the notice.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Your case has moved ahead to a certain extent and a quick action is required in order to prevent an order against you. Oftentimes it is seen that the US courts grant exparte orders or decrees that is an order passed in the absence of the other party. You have the option to file a motion to temporarily stop the hearing with a stay order. There is an alternative remedy as well to stop the proceedings in the U.S. which I cannot suggest without hearing your full case. Please feel free to get in touch with me for further legal assistance.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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You can seek for annulment of marriage in India with proper grounds.
You can also claim for maintainance from your husband in India. Pendency of the divorce petition in us does not bar filing a new case in India.
As the case is pending in us, you can claim for stay proceeding in US court by Indian courts.
You can also claim for maintainance from your husband in India. Pendency of the divorce petition in us does not bar filing a new case in India.
As the case is pending in us, you can claim for stay proceeding in US court by Indian courts.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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