Husband abandoned kids & me in USA.filed case in India 4 child custody

Question

Husband abandoned kids & me in USA.filed case in India 4 child custody

16-May-2023 (In Divorce Law)

Hello nMy husband has abandoned us(me and my kids in USA) after abusing us. We are Hindu Indian, Immigrants in US. Now when he got call from US regarding offence he did, he filed child custody case in Gurgaon, India. Police case is done in my favour.I have a question. Do I have to contest the case in India. Do I have to contest at all as kids are in US from last 5 yrs. I don’t have enough finances to even hire the lawyer in India. So asking. He filed a case in Jan 2022 after abandoning us in Oct 2021. Kindly suggest. What options I can avail.

Answers (6)

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Adv. Hemant Chaudhary Adv. Hemant Chaudhary

Gurgaon / Gurugram | 25+ Answers

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Dr. Preeti Manderna LawRato · Accepted Answer · 2022-05-16T12:05:58+05:30

Answer #2

Hello Madam, 1. Yes, you have to contest the case in India otherwise adverse order he will get against you. 2. Yes, please contest the case. Hire a lawyer siting in US. Please call for further information as more guidance can be given on call. Thanks Adv Dr Preeti Manderna

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Dr. Preeti Manderna Dr. Preeti Manderna

Panchkula | 400+ Answers

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Advocate Deepak Singh Sorout LawRato · Accepted Answer · 2022-05-19T19:09:17+05:30

Answer #3

No you don't have to contest the case in India. Even if you have to do so then your husband have to pay you for the litigation expenses. But when the all children are in USA with you then you even don't have to contest the case in India. If you want to contest the case in India you have to get an Advocate and have to sent an Power of Attorney in favour of the advocate so he can present you in the court.

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Adv. Deepak Singh Sorout Adv. Deepak Singh Sorout

Faridabad | 25+ Answers

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Advocate Narender Yadav LawRato · Accepted Answer · 2022-05-20T18:49:21+05:30

Answer #4

Helo mam. iI thing u should contest case in india against Your husband. u can not transfer case in usa . U should collect all documents which usa police give in your favor. mam, may i know what are age of your children.

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Adv. Narender Yadav Adv. Narender Yadav

Rewari | 25+ Answers

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Advocate Sanjeet Kumar LawRato · Accepted Answer · 2022-05-25T22:12:27+05:30

Answer #5

If ur financial position is weak then you may get an advocate from legal aid panel on government expenses but you can lose the custody of the child on this ground alone. So u have to hire a private advocate for which u have to pay. In India huminity is still alive and if ur luck help, you can have a lawyer on nominal charge

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Adv. Sanjeet Kumar Adv. Sanjeet Kumar

Sonipat | 25+ Answers

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Advocate Ranbir Singh LawRato · Accepted Answer · 2022-06-10T19:44:45+05:30

Answer #6

Hello you child custody need to be filed where children are living, If any summons are delivered ( please specify if summons are delivered or it is hearsay) you can appoint someone to represent in India so as application for dismissal of case can be filed here in India. Secondly you can file the case for desertion, child custody and maintenance in USA and get the foreign. decree executed in India.

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Adv. Ranbir Singh Adv. Ranbir Singh

Faridabad | 25+ Answers

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