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SMy wife and I are separated. And we have a marital settlement agreement after our legal separation(judicial separation) where she relinquished her right to spousal support forever. This judgement happened in California the agreement is attached to it.
She now lives in India and works in Bangalore earning 1lac per month based on her own statement. After 5 years she filed a DV case in Delhi using fake rental agreement and is asking for alimony. She created a rental agreement for 1year prior
The court is refusing to entertain the agreement from California and is ready to award her interim spousal support
I am not sure how the court will enforce it as my finances are in California and it runs afoul with California law.
Seems like no reasoning is working with the court.
The court is also assuming jurisdiction just based on her statement that she lived in a rented accommodation in Delhi. With no transaction of rent or even basic living expenses. She said I paid everything in cash. The court said okay we have jurisdiction. Even though we provided statements from neighbors that the house is inhabitable and is a warehouse.
The lawyer for my wife is her mama’s friend. And the alleged landlord is also mama’s friend. We tried get a SHO report about not her not living there. But The sho took the statement of the landlord and his friend to state that she lived in Delhi
Any help would be appreciated.
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AJust curious, why didnt you get a divorce in California itself? I thought Indian courts honour US judgements
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UNo they do not. Only mutual divorces are honored. And that too, the judgement should state a particular verbiage.
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SIt’s was a mutual agreement for legal separation where she submitted to California jurisdiction and was represented by an attorney
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UNAL. Refer to an experienced attorney.
If your wife participated in the divorce proceedings in California, and a divorce as well as the no alimony are accepted, she cannot file in India. High courts will take your side. I hope you had a mutual divorce in Cali and not a one party divorce. If it’s a one party divorce, then she has a right.
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CNAL, but I had a friend who went through a divorce here after suffering domestic abuse and then his ex wife returned to India and did the same thing that your ex is doing.
It’s true, it doesn’t make what your immigration status is for the most part. If you’re good long term (like if you gave a GC or if you’ve naturalized) out here in the U.S. and never want to visit India, just stick to what’s on the decree from California.
Here are some things they can try doing:
1) If the court in India rules in her favor, as another commenter here said, they can try writing to MEA for extradition. However, that’ll never happen as MEA must talk to DOJ about it and they need the DOJ approval to execute the extradition. DOJ only approves that if it’s something illegal out here in the U.S. as well. However, as you have a decree/agreement in California, DOJ will just throw it away. MEA will never try for extraditions related to cases like this one. Moreover, it’d be extremely hard for your ex’s family to reach MEA in the first instance.
2) Even if the extradition is cancelled, MEA can mess with your passport renewal and that’d create an issue if you’re on a status that requires you to have a valid passport. From what my friend has researched, it’s extremely rare for that to happen as well.
In my friend’s case, he ignored all the Indian court summons and the only thing he was scared of was the small chance of MEA messing with his passport renewals while he was on a H1B (so yeah, if you’re on a Non Immigrant visa, that’d bring some anxiety occasionally but if you’re a permanent resident/citizen, you’re good). But that never happened. Now, he switched to an EB1 and I think he’ll be naturalizing, so he’s good.
They can still harass extended family back in India but that’s the most they can do if you just ignore them
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SYea I am worried about passport renewal. But i think I making sure the interim maintenance doesn’t happen. I think it’s kind of a new territory for most of the lawyers I spoke to due to the waiver of spousal supports in the legal separation judgement. No one is sure how that’s going play out. Like you waive your rights in one country and try to reclaim in another
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