• Validity in India of Annulment in the US

I am an Indian citizen married in India as per Hindu Marriage Act in Dec 2015. We lived together for 6 months in the US and I sent my spouse back to India due to diacovery of adultery committed by my spouse.I filed for annulment in the US court and notice was served to the spouse in India. I have now received decree of annulment from the US, but my spouse was in India and has not participate d in the hearings here. 

I have a few questions -
1. Is the annulment valid in India? 
2. Can the spouse file a contest in India, the annulment? 
3. Is there a time period after which the spouse cannot contest in India, the annulment?
4. Can the spouse file a case of divorce in India?

I have talked to a few lawyers in US and India, but have received contradictory? views. I am very confused.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1. The ground is required to be seen as on the ground of adultery no marriage is annulled here. So if the same is used as a ground for nullity in USA it is not valid in india ,more so, when it was passed ex parte.

2. She can file a fresh case including case of dowry harassment.

3.There is no need to contest it. If she can files any case you can not take advantage of the decree passed in USA.

4. Yes,she can file case for divorce in India and file case for maintenance also.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Anullment decree is not valid in India as your wife is not partipate in anullment proceedings in India

2) wife can contest the anullment proceedings in India

3) wife can file for divorce in India on any of th grounds recognised under HMA

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hello,

1) The annulment can be valid in India if it is not contested by your spouse in India.

2) Yes, your spouse can certainly file a petition in India to contest the order of annulment pased in the US as she was not a participant in the proceedings.

3) There is no specific time limit and even if the petition is time barred the courts are inclined to condone such delays.

4) Yes, this would be by challenging the annulment order passed in US.

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

1. No. The said ex-parte decree passed by the foreign court is not valid in India.

2. If any case is filed in India, it can be contested. The decree passed by the foreign court can not be contested in India. You two are still considered as man and wife in India and will be continued to be so considered until you get a divorce or annulment decree passed by an Indian Court.

3. The spouse need not and can not contest the annulment decree already passed by the foreign court since the said decree is not valid in India.

4. Yes, the wife can file a divorce suit in India on acceptable ground like cruelty. Similarly, you can also file a divorce or annulment suit in India on acceptable grounds duly submitting evidence in support of your claim..

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If this was an exparte decree then it is not valid in India

2. She need not file an appeal or contest the annulment in India.

because the decree obtained in US is not valid in India.

3. There is no time frame for this, but she must first become aware that he has obtained a divorce or annulment case and the orders confirming the subject

4. Yes she can very well file a divorce case in India.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. A decree of divorce/annulment granted by a court outside India is valid in India for all legal and practical reasons unless it is declared as not binding on one of the parties in a suit for declaration filed by him/her in and by a competent court in India.

2. A suit for declaration of the foreign decree as not binding on your ex spouse may be filed by him/her in India. Indian courts are not bound by the judgment of a foreign court. If the judgment of US court is not sustained by the Indian court it will imply that marriage subsists for all legal and practical reasons.

3. The civil court in India court may refuse to recognize the foreign decree in view of the fact that it was granted by the US court in the absence of your spouse. This is a possibility which is inherent in every divorce/annulment granted by a court outside India in proceedings in which the judgment debtor did not participate.

4. The limitation is 3 years.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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