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Spouse in US not responding to legal notice
03-Jan-2023 (In Divorce Law)
My marriage happened in India as per Hindu rituals. My child and me are based in India. Spouse went to US without informing me when my child was 6 months old and does not show any interest in the child. He has been working in US since 7 years and mentioned he wants to divorce by mutual consent several times but he never sent me the notice.
I sent him the legal notice 8 months ago and claimed child maintenance and return of stridhan. He has acknowledged the notice but not responded to the legal notice despite several remainders.
What are my further options if he does not respond? Which divorce is better in this case- mutual consent or contested?
Since he is in US, what are the actions I can take? Also does his being in US protect him from any adverse action even if he doesn't reply?
hi.
In the present case you can proceed for contesting divorce as he is not responding positively. the summons will be served through Indian embassy to him. if he doesn't respond then our court will proceed ex parte against him.
if he fails comply the orders of the court then he may be deported to India for such reason
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Adv. Rohit Shaligram
Pune | 5+ Answers
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Hello Madam,
Once you have done with notice, do not go for it again and again. If your husband is ready and willing to go for divorce and he is also ready to fullfil required terms like return of stridhan, maintenance etc. then go for mutual divorce as it is very speedy procedure.
If your husband is not ready for divorce or not ready to fullfil conditions and terms of mutual divorce, then go for contested divorce.
Further, file a petition for your and your child's maintenance and petition for custody of your child. All these 3 petitions will run simultaneously. and will be able to get justice in respect of all your remedies.
I will let you know ideas to reach out him once you handover case to me.
Thank you.
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Adv. Shweta Joshi
Pune | 100+ Answers
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Dear client you can file an Application for maintenance under available laws for you and your child.
further you can sought divorce against him as per the grounds mentioned in your notice or also Mutual Consent Divorce but presentation of both parties are required.
please call me for further advice/consultation.
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Adv. Prasad Ramachandra Raut
Pune | 100+ Answers
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since he is not replying to the to the legal notice, it is very clear that he does not want to proceed with mutual consent divorce. in this situation, you can proceed with contested divorce. court notice can be served even if he is in US
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Adv. Samina Mirza
Navi Mumbai | 50+ Answers
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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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