Supporting document in US, for divorce case in India

[indiankumar]

Hi, I am a hindu girl married for over 5 years and have a 4 year child out of my wedlock. My married life had been full of problems from the first week of marriage - most of which can be summarized as dowry related harassment, physical and mental torture and cruelty. I however tried to tolerate everything and thought of keeping everything within the closed door and family members due to the social stigma around failed marriages. After marriage my husband later moved to US on H1 and initially he did not take me or our child with him. After almost an year of arguements, fights at home he finally brought me to US.

During my stay he always kept me in dark about visa statuses, his salary details or Green Card (whether he applied for or not). Last year suddenly out of the blue he decided to move back to India, sold everything we had in US and moved to India withing a month. Now back in India - they have filed for divorce mostly on the ground of cruelty and infidelity using false allegations to malign my character and false allegation to prove that I have been a bad daughter in law. They have kept all my jewellery and have asked me to leave the house and I am now forced to stay with my parents.

 

During this period my husband has gone absconding and very recently I came ot know that he is back in US (he claimed that his visa is valid only till July 2013). I know this divorce case is in India but I need help, suggestions and answer on following:-

 

1. I suspect that during his stay he filed for Green Card but kept me and my child out of the application process and document. I don not see an possibility how he can be back in US and stay longer than 6 years on H1 Visa. Is there a way for me to get any documents from US to prove the same in court in India?

 

2. In support of above statement, he mentioned that he resigned from his current employer when we moved back to India, but I noticed that he was working on same project while in India. Now that he is back in US, I suspect that it was a planned step to get me out of US and he is still employed with same company.

 

3. If we do end up getting divorce in India, I want to claim child maintenance/alimony, all my jwellery back and my share from husband's assest and property. The lawyer told me that the amount of alimony/maintenance dpeend son how much money he makes. I have no clue. Is there a way I can get his W2, Income tax documents or salary details to be used as proof in Court in India?

 

 

Thanks and apologize for the long email.

[t75]

If you are on the tax documents, you can obtain a tax transcript from the IRS for those years. See the website for the procedure.  These should be sufficient to prove his earnings for the years on the transcript.

 

Your attorney may want to have you consult a US family law attorney. You would want to know if he has filed for a divorce in the US.