Hi I got married to my husband in US 4yrs ago but both are Indians. We have a 6months old daughter as well. My husband has been harassing me since a few years for which I had filed a DV case in US in 2016 but later withdrew to give our marriage another chance. Now that we have a baby he mentally tortured me to at extent that I had to leave to India with my Baby. Now he has filed for divorce and the court has granted him an exparte sole custody of the baby. I filed for 498a on 31st mar 2017 but the charge sheet hasn't been filed yet. Now he has sold our house that we both bought together since he had a court on it as well. I am unable to contest the case due to financial issues and the fact that I had to resign my job as well. I see the next court hearing is on 3rd august. I believe he will get an exparte divorce. Is that valid in India since we were married in US? Will I get my share of profits in the property since we both split paid the payments? The summon mentions equal division of property profits but since I am not contesting nor responding how will I get the money? I also filed for sole custody in India and planning to file a DV case against him and his family. Please suggest
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no fault divorce is not valid in India
2) you can file petition in India for restitution of conjugal rights and seek stay of divorce proceedings in USA
3)your husband has to pay you 50 per cent of share of the property as per US court orders even if you dont appear in court
1. The marriage even if performed in abroad can be dissolved in india if the same occurred as per Hindu rites and customs.
2. So since there is time engage some advocate to contest the case on merit.
3.if you wish to have equal share in the proeprty of husband then you will have to stay in USA to enforce this order.
4. in india you can file case under PWDV Act to seek maintenance as per his income.
5.The custody suit would be proper step in right direction.
1. To stop him from walking away with an ex parte decree you should engage a lawyer to appear in the court to contest his case, failing which ex parte is inevitable.
2. You can challenge in the civil court through a suit for declaration the sale made by him. However, this can be done only and only if the sale deed was registered jointly in favour of both of you.
3. The courts in India have the jurisdiction to adjudicate the divorce petition if both of you are Indians, irrespective of where the marriage was solemnized.
Since your marriage was solemnised in US as per US laws, the exparte divorce granted in US is valid and binding.
You cannot contest the same in India, you can challenge the same in US alone.
For the properties lying in US also you may have to fight it as per US laws alone.
Try to contest the same from India y sending your replies to the court directly through a lawyer from India who is conversant with US laws.
