• Married in India, husband filled a divorce in USA

I was married in India, Nov 2015, but my marriage got registered here in USA, Mar 2016. Throughout my marriage my husband abused me, physically, verbally, mentally and emotionally, until one day the cops knocked on the door, saw him beating me and arrested him, took photos, statements from of us. The city filled a domestic violence case against him, and he took SOC for 18 months. That was in May 2016 and since then we are living separately due to no contact order issued my the court. From that time until today, his parents kept saying we want this marriage to work out, we will resolve your issues. My husband spoke to my parents and my cousin a couple of times, saying the same thing. But secretly he filled a divorce here in Washington (in Nov), taking advantage of the facts that it's a no fault divorce state. He also submitted in the court that the respondent (me) have been hiding to avoid serving - all of it is false. Me and my parents have been in constant contact in order to get the issues resolved.

My question is - 
1. even though he filled a divorce case in USA, can I still file a divorce in India? 
2. If yes, on what basis?

The marriage is breaking because of the demand of money (and my apartment, here in USA), his lying habits, and his abusive behaviour with me. I've suffered a lot beatings, abusive language, misbehavior - It cannot be a no fault divorce - I am seeking justice from the Indian law.

Please advice.
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1.getting decree of divorce from foreign court may not be valid India under many circumstances.So if you do not subject yourself under the jurisdiction of USA court you can technically file the same in India also provided you have not participated in American proceeding.

2. You can file the suit under mental and physical cruelty ground.

Additionally you can file case under PWDV Act also for monthly maintenance.

You can file criminal case of tortures u/s 498A IPC laso in India.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) since marriage has been solemnised in India you can obect to jurisdiction of US courts

2) file divorce petition in India and seek stay of divorce proceedings in USA

3) in the alternative in US divorce proceedings seek spousal support

4) you would be entitled to 50 per cent of husband assets acquired after marriage

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Even if he gets the decree of divorce passed by USA court the same will not be valid in India. You shall have to file a divorce case against him on the ground of cruelty in India if you too desire divorce from him.

2. You already have irrefutable evidence of his torturing you physically in USA. Stretch that incidence ti India also and file the divorce suit in India on the ground of cruelty starting at India and continuing to USA demanding dowry from you submitting the evidence of his police remand in USA for physically torturing you. In the said divorce suit, you can demand compensation from him for causing irreparable damage to your life.

3. You can also lodge a police complaint u/s498A of IPC in India alleging that he had tortured you in India which he continued to USA as evidence from the papers/documents you have to prove his being taken to remand by police in USA.

4. You can also file a DV case against him and his family members demanding maintenance from him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You can file a divorce case in India, even though your husband has filed a divorce case in USA.

2. On the basis of cruelty meted out to you by your husband by abusing you physically, verbally, emotionally and mentally and this is one of the grounds available for you to file for divorce Under Sec. 13 of the Hindu Marriage Act.

3. If you do not attend court proceedings in USA for your husband's 'No fault divorce' petition and if he obtains an ex-parte decree, it will not be legally valid india since you have not consented to No fault divorce.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

1. If you too want divorce then let the US court pass a decree of dissolution of marriage against him as it is a no fault divorce state. The decree of US court will be valid in India for all intents and purposes. Be that as it may, you are also free to file for divorce in India on the ground of physical and mental cruelty.

2. You are also free to file a DV case against him in India to seek heavy monetary compensation for the domestic violence suffered by you at his hands. The certified copies of the criminal case filed against him in US can be led in evidence by you before the courts in India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

that divorce is invalid in India because no fault divorce is not a ground of divorce under section 13 of Hindu marriage act. according to section 13 of the code of civil procedure, any judgment granted on the ground/law not applicable in India is null and void.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

you can file a divorce case in India irrespective of the fact that husband has filed a case in USA. because according to section 13 of the code of civil procedure, pending of any case in foreign court cannot preclude to file a case in India on the same cause of action. so you ca file divorce case in india.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Querist

No Need to Worry, the divorce filed by him in US will not be valid in India. as per section 13 of Civil Procedure Code-1908

read below:

13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

1. even though he filled a divorce case in USA, can I still file a divorce in India?

Opinion: Yes, You may file a divorce in India against him before Family Court of Your area or the area where both of you were residing.

2. If yes, on what basis?

Opinion: Based on Cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

My question is -

1. even though he filled a divorce case in USA, can I still file a divorce in India?

If he has filed divorce in US, why dont you convert it into mutual consent divorce so that you can take postnuptial advantage by drawing the terms for mutual consent including alimony amount and a share in property, this is possible in US divorce but not in the divorce proceedings in India because here lot of formalities and documentary proofs are to be produced and the process will be cumbersome.

2. If yes, on what basis?

You can file a divorce case in India too on the grounds of cruelty on the incidents that took place in US and can produce the documentary evidences including the pending police case agaisnt him.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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