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USA permanent resident, serve summons to in-laws in India?

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  • USA permanent resident, serve summons to in-laws in India?

    Hi, i was in USA on H1 visa and got arranged marriage in India in 2008.
    And then my wife got green card along with me for being my spouse.
    We never had intimacy in our married life (one of the reasons being my in-laws got her daughter married to me against her wishes) and I couldn't accept her as my wife mentally as she would always call and chat with her former boyfriend in India.
    And it was hard for both of us to pursue for divorce keeping in mind the effect it would have on our parents.
    My wife hardly ever helped with domestic chores nor she earned any, but had me pay for her college, go to India, do shopping, etc, .... After realizing i was being abused this way i finally applied for divorce in late 2011 in MA as soon as she got a well paying job.
    We wrote a stipulation that i will pay her money as she gave her word of mouth that she will sign the agreement if she gets money. The fact is she was saving much more than i do from her job but my attorney advised me to pay her money if it means getting her off my back. I started paying her and then she refused to sign the separation agreement. Finally at the end of 3months, at the pre-trial she told the judge that she needed more time to consider.
    I didn't take any dowry so she couldn't claim any of it. However her parents gave a gold ring and bracelet 3 years after marriage. She asked for it and i asked to return all the many gold jewellery my mother gave her for wedding, and she refused.
    She asked me to give her my property that i earned before marriage and i refused (It's not on my name though)

    My mother-in-law was driving my wife to do all these (as she did during all the years of our marriage). My in-laws would call my parents, siblings, friends and harass them, threaten them saying they will not let us go unless i give them all my parents property to their name.

    Now, we have a trial date set in 2 months in MA and i am very hopeful that i won't have to pay anymore to my wife here in USA (based on her well financial status and we don't have children).
    However, now my mother-in-law served a big notice (almost a book !) to my mother in India asking for US$100,000 as compensation for having gone through the trauma of her daughter's divorce. She tried the same here in USA too but my attorney refused. And my attorney in USA said he cannot bind my in-laws in the Separation Agreement between my wife and me.

    Now, if i and my wife are going through divorce in USA, can my in-laws sue my mother in India on the grounds of 'defamation' and 'trauma' rising from this marriage/divorce?
    Do Indian courts accept the case of one in-laws suing the other in-laws even when their kids are taking/taken divorce in USA?
    How can my mother prove that their case is without merit and legally direct them to submit their grievances at the court in USA where our divorce is in progress?

    My mother is Indian citizen and NOT permanent resident of USA. Is there anyway the attorneys in USA take her case and serve summons to my in-laws asking them to appear in USA court for their grievances? (My attorney in USA said he cannot do so)

    Thanks

  • #2
    Yours is an unfortunate and complicated case.

    If your attorney said something can't be done, I don't think anyone on this forum can advise you any better.

    If there is a lawsuit in the U.S., it is possible to serve the summons to someone outside the U.S. but its effectiveness is questionable.

    If your mother-in-law in India is troubling your mother in India, there is nothing that can be done against her in the U.S. U.S. court simply would not have any jurisdction.

    My suggestion would be to siply go through your divorce in the U.S.
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