88+ Lawyers are online 
Legal action if husband threatening to file for divorce
08-Nov-2023 (In Divorce Law)
My cousin married 17 yrs before and it was a love marriage. Now they are in america and blessed with two kids. After so long way her husband wants to give divorce and threatening her that he will not give the custody of the chuldren to my cousin. My cousin is a dependent and having greencard where here husband got citizenship of anerica. What step can she take as she is not willing for divorce. Please help
Hi,
If the marriage is performed in India, and if both got married as per the Hindu rites and customs, then only the Family courts in India are competent courts to dissolve the marriage. In your case if your cousins husband moves a divorce application in U.S court and cousin does not consents to the jurisdiction of the foreign court then even if the husband gets ex-party divorce, such decree will not hold any legal sanctity in india. Divorces are very easy in U.S, whereas in India it is very difficult. If possible, suggest your cousin to come to India along with her kids ask her to file RCR and child custody along with injunction motion to restrain her husband from forcefully taking the child away. T
If the marriage is performed in India, and if both got married as per the Hindu rites and customs, then only the Family courts in India are competent courts to dissolve the marriage. In your case if your cousins husband moves a divorce application in U.S court and cousin does not consents to the jurisdiction of the foreign court then even if the husband gets ex-party divorce, such decree will not hold any legal sanctity in india. Divorces are very easy in U.S, whereas in India it is very difficult. If possible, suggest your cousin to come to India along with her kids ask her to file RCR and child custody along with injunction motion to restrain her husband from forcefully taking the child away. T
Helpful?
20+
20+
Adv. B. Chandra Shekara Raju
Hyderabad | 25+ Answers
CONTACT NOW
Hi
If your cousin does not participate in the divorce proceedings in the USA, it is sufficient.
Foreign divorce decrees are valid only if both the parties willingly participate in the court proceedings and if the USA courts grant divorce under hindu marriage act( which never happens)
so in order to protect herself, your cousin just needs to ensure that she does not participate in the divorce proceedings in USA and at the same time file a Restitution of conjugal rights petition in india.
Please note that child custody case also needs to be filed in India only
If your cousin does not participate in the divorce proceedings in the USA, it is sufficient.
Foreign divorce decrees are valid only if both the parties willingly participate in the court proceedings and if the USA courts grant divorce under hindu marriage act( which never happens)
so in order to protect herself, your cousin just needs to ensure that she does not participate in the divorce proceedings in USA and at the same time file a Restitution of conjugal rights petition in india.
Please note that child custody case also needs to be filed in India only
Helpful?
21+
21+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Retrieve streedhan from husband and how to get maintenance from husban
- APPEAL file at highcourt by ex-wife
- How to get court order to return my wife from USA along with child
- How to withdraw compromise memo which is filed before lok Adalat hindu
- Understand matrimonial alimony maintenance payment laws
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
