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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I am an Indian housewife aged 26 married to a Indian

Customer Question

I am an Indian housewife aged 26 married to a Ind***** *****card holder for last 12 years and I have a 2 years old daughter. I was facing harassment while I was staying with my husband and he used to threaten me of divorce without giving any reasons and refused to take counselling help to save our marriage. I came to India to attend to my mother who is a blood cancer patient and while I am in India, last week my husband has served me divorce notice & child custody notice by email. I have now consulted an Indian lawyer and he has advised me to file for child custody and child support in Indian court. I want advice on the US court order for child custody and I want to know if I should ignore the child custody order as I am still an Indian citizen, India is not a signatory to Hague Child Custody law and Indian law normally gives custody of girl child to her mother. I have never worked in USA and I do not have any saving and 'now that my husband is harassing me and filed for divorce' I am dependent on my parents financially and I am not in a position to go back to USA and take care of myself and my daughter.
1) Kindly let me know of the consequences of not responding to court orders regarding child custody when I have filed for Child Custody in India and I do not have any ambition to return to USA to face further harassment from my husband. I have repeatedly requested my husband for counselling while I was in USA and he refused stating it was waste of money. He even told me that lawyers are waste of money so I should agree to a mutual divorce as I do not have any money of my own and I have emails from my husband as proof
2) While staying in India how can I get child support and alimony from my husband?
3) While I was in USA my husband was recording my phone calls and my emails without my knowledge and used that information to harass me. Even now he served me the divorce notice only by email an gave me 2 days to return to USA along with my child which was not practical. How should I handle the case so that if my husband wants to divorce me without any reason then he should pay for child support and alimony?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I want to add that my daughter was born in USA and is US citizen and I & my husband are Greencard holder but we have not taken US citizenship yet.
Customer: replied 1 year ago.
Will it help if I share the US court orders emailed to me by my husband? I tried to attach the document but I am getting error so I am not able to attach the 'court order & RFO' and the 'Dissolution package'.
Expert:  mmdesq replied 1 year ago.

Good Morning:

I will try to help answer your questions.

There are going to be jurisdictional questions in your case as you are not presently in the US. There are specific requirements for service of process of a complaint for Divorce. If you are in India Husband must serve the Complaint in accordance with the Hague Convention on International Service and Indian Law. Sending you the Complaint via email is not sufficient service. If you have been residing in Indian with your children for more than 6 Months then I would argue that Jurisdiction for custody is in Indian and must be heard by Indian Court. I am not sure whether you were married in India or in US but I would file a complaint for divorce and custody in Indian as that forum is more advantageous to you on the custody front. You can then seek child support and any alimony rights through indian law if alimony is available. I would further recommend not ignoring the action started by Husband here in US. I would recommend filing an answer, which needs to be done carefully as you do not want to consent to jurisdiction. Your answer needs to state that you do not consent to jurisdiction and the answer is for the limited purpose of opposing jurisdiction as you have not been properly served nor do you agree US Court has Jurisdiction as you and children reside currently and have resided in India for at least 6 months. I do not recommend traveling to US with children prior to this matter being resolved. I hope this is helpful. Good luck.

Customer: replied 1 year ago.
Thanks. I am married in India and marriage is registered in India. I had asked another questions " Will it help if I share the US court orders emailed to me by my husband? I tried to attach the documents but I am getting error so I am not able to attach the 'court order & RFO' and the 'Dissolution package'."
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call + Review Legal Documents + Write Legal Documents + Legal Discussion by Email + Legal Research on Case Law, Codes, etc.. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I appreciate your answer. I think I need a consultant who has handled similar case and is familiar with Indian and US family law and can tell me exact steps that I need to take as my child's custody depends on it. Many thank for your answer.

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