quesSon-in-law got ex-parte divorce and child custody in US. What to do ?

My daughter was living in the US with husband and 2 children. The husband mentally harassed her. The marriage was solemnized in India. Due to mental harassment i called my daughter to india for few months. During that time the husband filed for divorce in the US and got an ex-parte divorce as well as child custody. Now in india cases under women cell and 498A have been registered and the in-laws after being arrested are out on bail. We also filed for child custody but the summons are not being sent to the husband as his location is unknown. What can we do? Is it better to visit US and file?

  • ansThe divorce obtained by the husband is not valid, since the marriage was done in india. You can file the case for custody in india .

     

    If you do not know the location of the husband it would be difficult to send the summons. First you can locate him through indian embassy, by passport and visa. The police have powers to locate a person for serving him summons.

     

  • ansIt will be far better to opt for legal remediies in U.S.

    Advocate M S Hussain

      District Court, Saket, Delhi

  • ansThe divorce obtained by the husband is not valid ,since the marriage was done in india ,you can. File the case for custody in india .if you do not know the location of the husband it would be difficult to send the summons,first you can. Locat him through indian embassy ,by passport and visa .the police have powers to locate a person for serving him summons.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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