How can i claim for alimony if other party is residing in US

832 votes

As per my knowledge I answered this question earlier. However if you provide some basic information then we will try to get the required details. Please contact me for further details if you need assistance.

Advocate Sanjeevi Krishna Rao LawRato

583 votes

Hi
In general you can always submit to the court that your Son in law is working in a company which is a good pay master and his annual salary is approximately USD1,00,000-/- Per annum.
There is no necessity for the petitioner(your daughter) to provide proof of her husband's salary and all she has to mention how much of monies she needs as alimony.
It is the husband who has to provide his salary slip when directed by the court and deny that his salary is not USD1,00,000-/- per annum.
498A Case will not get your son in law in india unless and until a charge sheet is filed on other accused and a look out notice is issued by the court and thereafter you serve the same to your son in law through indian embassy in USA.
You need to file a maintenance petition either under section 24 of HMA or u/s 125 of cr.p.c , obtain interim orders of maintenance and attach his properties in india. Thereafter your son in law will have no option other than to come down to india.

Advocate Rajagopalan LawRato

688 votes

If the party is resident of USA we can address a letter to its office where he is working and if u don't have that details then you can address a letter to embassy giving the details of that person. if the court has passed the order then we can directly approach embassy to send that person

Advocate Akshay Gupta LawRato

673 votes

Permanent Alimony is granted to parties to divorce proceedings by the Court at the time of granting divorce when one of parties moves a petition for grant of permanent Alimony. If no divorce proceedings are pending the wife can claim monthly maintenance through judicial process under section 125 of Code of Criminal Procedure and also under personal law . Yes for claiming maintenance you need to provide income sources of your husband for the Court to arrive at the quantum of maintenance for granting it to you. First obtain order of maintenance against your husband.

Advocate C Hari Prasad LawRato