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Wedding » Matrimonial-laws » Men-share-equal-071114
 
Do Men Share Equal Rights For Child Custody?

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.

Un-Contested Divorce

Puneet Chandhok asks,
My wife and I are Indian citizens, we both got married on Sept 8, 2005, according to Hindu Vedic, and next day, we got our marriage registered in local Tehsil - Registrar of Marriage. I live in North Carolina, USA since 2002. My wife got here through dependent visa. Later relations didn't workout well, and she moved to Maryland on April 2006. We both have been living separately for past 18 months. If we get a divorce in USA (Un-Contested / Mutual Consent) will that be valid in India? If not, how can it be validated in Indian legal system? Do we both need to visit India for that?
Dear Puneet Chandhok,

Since you have got married as per Hindu rites you both shall be governed under the Hindu Marriage Act 1955. You and your spouse can file for divorce by mutual consent under section 13-B of the Hindu Marriage Act 1955 and seek appropriate validation from the Indian forum for its appropriate legal applicability. It is advisable to file for divorce at the forum having jurisdiction at the place where you or your wife have permanent residence in India or where you have got married in India. You will have to comply the legal formalities required under section 13-B of the Hindu Marriage Act. You may consult a divorce lawyer for further assistance as regards your query and for your proposed compliances.

Hope this should suffice your query in brief.

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Ex-husband Dilemma

Sonal asks,
I got married in India and moved to US with my husband. We lived here for 7 years and are now separated from past 2 years. I have filed for divorce here in USA. The child we had is now in my husband's custody. He is demanding extraordinarily high amount of child support. I could not build my career since I was a housewife for most of time or worked for low paying jobs during my marriage. After my separation I struggled and made my career. So he wants a big share of my salary. He is using child support laws of PA State to extort money from me. And I have no plans to work in near future and remarry and be a housewife, how do I avoid paying huge child support. The PA state law seems to be rigid once they fix a payment. And wouldn't consider my situation if I quit the job.
Dear Sonal,

You have not mentioned your status about your present nationality; presumably if you are an Indian national then you shall be governed under the Indian Legislation and matrimonial laws of India. It is advisable that you consult a divorce lawyer in India for your further compliances. You can definitely initiate legal process as regards your appropriate further recourse pertaining to you and your child's maintenance and also for child custody.

Hope this should suffice your query in brief.

Overseas Bride

Chandrasekaran asks,
I'm working in Armed Forces. I'm in love with a girl who is born and brought up in Malaysia. Her ancestors were from Tamil Nadu. She too loves me and we are interested in getting married. What is procedure? What does the law say regarding bringing her to India post marriage?
Dear Chandrasekaran,

You can definitely get married to your friend provided she is of a legally marriageable age as per Indian law, i.e. 18 years and above. If you are getting married outside India, then in that case you may get married and register your marriage under the provisions of Foreign Marriage Act 1969. You will have to comply with the procedural compliances as needed to be complied under the Foreign Marriage Act 1969. If you both are Hindus then in that case you may get married as per Hindu Vedic rites and then you may get your marriage registered before the marriage officer at the Indian embassy abroad. You may initiate the appropriate applications for Indian citizenship for your spouse once you both are legally married before the Indian embassy and seek appropriate permissions for the same.

Hope this should suffice your query in brief.


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