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Can husband file for divorce in USA if wife is in India


25-Jan-2023 (In Divorce Law)
Please help me answering below questions: Q.1. If I file a divorce case in USA & process through the private processes in India and I change my address/phone number in USA, because of address change she will not be able to serve notice to me and case will not move in Indian court and there wont be any legal action on me & my family.. is that right understanding? Q.2. If answer to Q 1 is Yes/NO, then can you explain what/how it will happen? Q.3. My parents have their own earned property (not from ancestors) and my own property one before marriage and one after marriage own and earned by me and If she file a case against me by some way in India, then can she claim this property? I do have 9 year old son. Q.4. If case got filed in Nagpur family court, is there Video conferencing available for USA clients? Once I go through the answers, I will get in touch with the Attorney for further consultation or situation/case to be handled in India. Thanks!
Answers (3)

Answer #1
878 votes
1) No
2) Divorce can be filed at 3 different location a) Where both party lastly reside together
b) Where marriage is happened c) Where women live
3) Your self acquired property may be claimed by her.
4) You need to request the court for this facility.
Answer #2
884 votes
Hi first weather you go to U.S. Or U.K. Nothing happens she will file case in India and send you summons through court where r u in world BUT she must be having knowledge of you address and resources to do it otherwise it takes to much time. She can claim only on your property not you parents.
Answer #3
725 votes
Dear client if yr wife filed case in India then u can give power off attorney to yr parents and they can contest on the behalf of u.yr question is quite confusing. So it's better to call me for proper discussion

Adv Prasad Patil

Pune

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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