Niece Divorce

1. marriage happened as per Hindu Rites then divorce can be filed in India. You can also file in USA as mutual consent divorce. 2. Yes. 3. as per her citizenship. 4. consult local lawyer.

Dear Madam, My answers are as follows: 1. Where to file divorce and full custody of her daughter. USA or India. Ans: If marriage happened as per Hindu Rites then divorce to be filed in India. You can also file in USA as mutual consent divorce. 2. She will be entitled to alimony and ancestral property. Ans: Yes. 3. How to ensure her daughter's rights in ancestral property in India. Ans: Depending upon daughter’s citizenship she is entitled for a share. 4. How to find the details of her husband/his family properties in India. 5. Any other points to consider. Ans: You may get help from local people to trace out properties standing in his name. Please give me rank after viewing my details. Please call me for further assistance.

I remember to seen this question earlier 1. Your niece married is governed by Indian Law. Further USA is more inclined towards joint custody so its better possibility to get Full custody from India. After 9 years, court can ask daughter to choose who she is comfortable to live. Further USA is not reciprocating country by Indian Government. But you will continue to live in USA and not to come back to India then you can still consider USA as option. You can give POA for case in India. Mutual divorce will be best if he agree. 2. She is not entitled but daughter is entitled to ancestral property for sure. Alimony depends on the ground for divorce and proving husband fault. Daughter is always entitled for maintenance until she gets married. 3. Children at birth automatically gets entitled for share in ancestral property. It is their right. 4. That is most tricky part. But she should be aware of it as 22 years is long period to get family information. She have to search papers and rely on family relatives etc. She can file DV case to get orders that any property should not be sold without court permission. For properties share, you have to take divorce in India. So overall it is better to take divorce from India if its contested. Mutual is also easy in India.

I remember to seen this question earlier 1. Your niece married is governed by Indian Law. Further USA is more inclined towards joint custody so its better possibility to get Full custody from India. After 9 years, court can ask daughter to choose who she is comfortable to live. Further USA is not reciprocating country by Indian Government. But you will continue to live in USA and not to come back to India then you can still consider USA as option. You can give POA for case in India. Mutual divorce will be best if he agree. 2. She is not entitled but daughter is entitled to ancestral property for sure. Alimony depends on the ground for divorce and proving husband fault. Daughter is always entitled for maintenance until she gets married. 3. Children at birth automatically gets entitled for share in ancestral property. It is their right. 4. That is most tricky part. But she should be aware of it as 22 years is long period to get family information. She have to search papers and rely on family relatives etc. She can file DV case to get orders that any property should not be sold without court permission. For properties share, you have to take divorce in India. So overall it is better to take divorce from India if its contested. Mutual is also easy in India.

Hi, 1.They can file a divorce petition in India as well as USA. But the decree of the specific court in USA should be valid under Indian Law. 2. Yes she can get alimony on the ground of cruelty. She will get self acquired property if jointly in their names. 3. Yes, daughter will have right to its father ancestral property in India. 4. Registry office of the district where property is located. If you find it helpful, kindly rate my answer. Thank You