5 years ago, Me and my Spouse were married in India under The Special Marriage Act. We both reside in the U.S and later during the course of our marriage my spouse separated, leading to divorce with grounds of my spouse committing adultery. Two months ago, my spouse uses the divorce decree from the U.S to remarry a U.S citizen for immigration benefits. A divorce and protective order were filed against me this year in the U.S Family Court by my spouse, and after a rigorous trial, where we both represented 'Pro Se' and I managed to prove and defend myself with a trail of evidences that our marriage happened in India where we still remain as citizens, and the divorce initiated by my spouse in U.S ignoring the laws of our home country was nothing but an arrangement or a sham for U.S immigration benefits. The arrangement included using our finances, credit scores, and sex outside marriage in return to the favors delivered by outsiders to our marriage, which my spouse was benefiting. After 3 hearings and a trial, which ranged across 3-4 months, the judges were convinced, denied the protective order to my favor and granted the divorce on the grounds of my spouse's adultery. I have the transcript of the trial from the court reporter. However almost two and half months later, my spouse who is still married to me back in India marries a U.S citizen and applies for immigration benefits. Of course, many in this society, including lawyers and advised to do the same what my spouse chose to do, especially since the verdict is on my favor and I have nothing to fear or question my intent to remarry within U.S boundaries, but the fact remains that my spouse left me homeless and jobless in a foreign country where I am not entitled to work legally. It was only due to the help I received from few kind hearts that I was able to get this far and prove my innocence against her false allegations at the U.S court, while she went on with her multiple affairs and execute her Sham divorce and marriage for U.S immigration benefits. However, based on the fact we both still remain married in India and especially we are divorced not with mutual consent in the U.S but on the grounds one of the spouse committed adultery. What all grounds can I open a divorce case in India? I have to state the fact that I had to endure life and death situations, financial and mental breakdown, above all stigmatized by this fraudulent person who I was married to. What could be a possible verdict on such a case from an Indian court of law as we both remain citizens of India?
1) your divorce decree on grounds of adultery would be valid in India
2) divorce has been on ground recognised by HMA
3) your wife has remarried
4) you can if you so desire file petition for declaration before family court in India that marriage is dissolved by US divorce decree
1. If you are desiring a decree of divorce from an Indian Court then the best course of action for you shall be to negotiate with her and jointly file a MCD case in India which will be disposed of within 6 & 1/2 months from the date of its filing.
2. Both of you can append your signatures on the MCD petition sitting at USA and get your signatures by the appropriate officer of your local Indian Consulate and send to your lawyer i India to file the same.
3. After 6 months, both of you shall have to appear before the Court in India and state that divorced is wanted by both of you when the decree of divorce will be issued by the Judge.
4. If she does not co-operate with you in signing the MCD petition, file a divorce suit in India which will be decided ex-parte in case she fails to or refuses to attend.
Hii, you can initiate criminal/ civil proceedings against him in India.. You can file a complaint of domestic violence and a FIR under 498A .. However your status will be concerned as a divorcee and not as married .. You are divorced by a court in USA which will prevail here in India too,,
Dear Concerned,
Lets look at from the US perspective - You have been divorced and your wife has remarried.
You can very well file divorce in India - however, you would have to declare the US proceedings and in presence of US proceedings. additionally, there are High Chances that your wife does not turn up and the divorce is then declared ex-parte in India.
It is important at this juncture - to understand what your requirements are i.e a valid divorce in India as well? In such case file a divorce and obtain an ex- parte decree as your wife who has already married someone in the US will certainly not come and contest the divorce in India.
Best of Luck
1. You have mentioned " the judges..............granted the divorce on the grounds of my spouse's adultery". The marriage has been dissolved by the court in US, the decree of US court is valid in India for all legal and practical reasons. Your ex spouse was free to remarry after the dissolution of marriage.
2. No court in India can dissolve a marriage which has already been dissolved. You have obtained a decree of divorce from the court in US, as a corollary to which you cannot now file a petition for divorce in India as your marriage does not exist anymore.
3. Your Indian citizenship is inconsequential.
Dear Querist
as per section 13 of Civil procedure Code-1908
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.
Feel Free to Call
However, based on the fact we both still remain married in India and especially we are divorced not with mutual consent in the U.S but on the grounds one of the spouse committed adultery.
What all grounds can I open a divorce case in India?
It is not necessary that the divorce in US should be only by mutual consent for recognition in India.
Your divorce in US is a contested divorce and it is not an exparte divorce so that it cannot be recognised or invalid in India.
It is your wrong or mis-conception that you still remain married to her.
Your marriage is dissolved legally by a court of law and this divorce is recognised and legally valid in India as per the prevailing law hence her subsequent marriage post divorce is very much valid and there is no legal infirmity in it.
I have to state the fact that I had to endure life and death situations, financial and mental breakdown, above all stigmatized by this fraudulent person who I was married to.
What could be a possible verdict on such a case from an Indian court of law as we both remain citizens of India?
You may not get any relief at least in the proposed matrimonial dispute that you may raise now since your marriage is dissolved by a decree of divorce.
All other things are to be taken care by you as per the provisions of law
